Long Island Pedestrian Accident Lawyer

Experienced Pedestrian Accident Attorneys Serving Nassau and Suffolk County

Every year, pedestrians across Long Island are struck by cars, trucks, and buses, often during what should have been a normal walk to work, school, or store. In seconds, an ordinary moment can become life-altering. Because pedestrians have no protection from impact, these crashes almost always cause serious injuries. Even low-speed collisions can cause broken bones, head trauma, and lasting physical or emotional consequences.

In the days that follow, many people feel overwhelmed. Emergency care, follow-up treatment, physical therapy, and missed work quickly become part of daily life. At the same time, insurance calls begin, paperwork arrives, and financial concerns grow.

If you were hit by a vehicle while walking on Long Island, you may be entitled to compensation under New York law. Pedestrian accident claims involve strict legal deadlines, and critical evidence, such as surveillance footage or witness statements, can disappear quickly. Acting quickly helps protect your legal rights to recover medical expenses, lost wages, and compensation for your pain and suffering.

Our firm represents injured pedestrians all over Long Island. Whether the crash occurred in a crosswalk, at an intersection, in a parking lot, or along a roadway, we investigate carefully to determine what happened and find out who is responsible.

At Palermo Law, we personally oversee every pedestrian accident case and prepare each matter as if it may go to trial. We do not represent insurance companies, we represent injured people, and we never charge a fee unless we recover compensation for you.

Why Hire Palermo Law for a Pedestrian Accident Case?

Pedestrian accident cases are rarely straight forward. They often involve severe injuries, extensive medical treatment, and aggressive insurance investigations.

At Palermo Law, we approach these cases with experience, preparation, and personal attention.

We do not represent insurance companies. We represent injured people. That focus shapes how we investigate cases, negotiate with insurers, and prepare for court.

How Pedestrian Accidents Happen on Long Island

Most pedestrian crashes are caused by driver negligence. Common causes include:

• Failure to yield at crosswalks
• Distracted driving
• Speeding
• Drunk or impaired driving
• Unsafe backing in parking lots
• Running red lights or stop signs

New York law requires drivers to exercise due care and yield to pedestrians in crosswalks under Vehicle and Traffic Law § 1151.

When drivers ignore these rules, serious injuries occur.

Many of these same factors contribute to car accidents on Long Island as well.

If You Were Not in a Marked Crosswalk

Many pedestrians worry that crossing outside a marked crosswalk prevents them from recovering compensation. In New York, that is not automatically true. You may still recover damages, although your compensation can be reduced based on comparative negligence rules. Each pedestrian accident must be evaluated based on the specific facts of the collision.

Most Dangerous Intersections for Pedestrians on Long Island

Certain intersections on Long Island consistently report higher crash rates due to heavy traffic, complex traffic signal patterns, and high pedestrian traffic. While accidents can happen anywhere, the following locations are frequently identified as high-risk areas:

High vehicle volume, turning traffic, limited visibility, and long crosswalk distances often contribute to collisions at these intersections. Pedestrians should remain especially alert in busy commercial roads and multi-lane roadways.

What To Do After a Pedestrian Accident

The steps you take after a pedestrian accident on Long Island can affect both your health and your legal rights.

1. Get medical attention immediately.
   Even if you feel able to stand or walk after the impact, injuries such as head trauma, internal bleeding, or soft tissue damage may not appear right away. Prompt medical evaluation protects your health and documents the injury.
2. Call the police.
   A responding department, such as the Nassau County Police Department, Suffolk County Police Department, or a local village police department, will prepare an accident report documenting driver statements, witnesses, and roadway conditions. Always obtain the report number.
3. Document the scene if possible.
   If you are able, take photos of the intersection, crosswalk, traffic signals, vehicle damage, and lighting conditions. In busy areas like Huntington Village, Patchogue, or Mineola, nearby businesses may also have surveillance cameras that captured the crash.
4. File a no-fault application within 30 days.
   Pedestrians struck by vehicles in New York must file a no-fault application within 30 days to secure medical and wage benefits. Missing this deadline can result in denied coverage.
5. Be cautious when speaking with insurance companies.
   Insurance adjusters often contact injured pedestrians quickly. Statements made early in the process may later be used to dispute liability or minimize injuries.

Early legal involvement allows us to secure police reports, request surveillance footage, identify witnesses, and ensure your no-fault benefits are properly protected.

New York’s Serious Injury Threshold

To file a personal injury lawsuit after a pedestrian accident in New York, your injuries must meet at least one category below. If you check any box, you likely have the right to sue for pain, suffering, and full economic losses.

New York’s no-fault system limits lawsuits unless injuries are “serious” under Insurance Law § 5102(d). The nine qualifying categories are listed below. Many pedestrian accident injuries — including fractures, head trauma, and extended impairment — commonly qualify.

Did your pedestrian accident injuries fall into any one of the following categories? If yes — you may have a personal injury claim.

A medically determined injury that prevents you from performing substantially all normal daily activities for at least 90 of the first 180 days following the accident. This category frequently applies to soft tissue injuries, back injuries, and other conditions that may not be permanent but significantly disrupted your life.

Not sure if your injuries qualify? Many conditions that appear straightforward — such as soft tissue injuries or herniated discs — require careful legal and medical analysis to establish. Palermo Law offers a free consultation to evaluate whether your injuries meet New York’s serious injury threshold.

Understanding No-Fault Benefits for Pedestrians

New York is a no-fault insurance state. Even though you were walking, you are still entitled to no-fault (PIP) benefits after being struck by a vehicle.

In most pedestrian cases, no-fault benefits are paid by the insurance company for the vehicle that hit you. That carrier is responsible for processing your application and paying medical bills and lost wages, regardless of who caused the crash.

No-fault benefits typically cover:

• Medical bills (up to the $50,000 minimum coverage required in New York)
• A portion of lost wages (generally 80% of earnings, subject to a monthly cap)
• Transportation to and from medical appointments
• Household help in certain situations

If the vehicle that struck you was uninsured, left the scene, or carried insufficient coverage, you may have additional options. In some situations, your own auto insurance policy may provide no-fault benefits and uninsured or underinsured motorist (UM/SUM) coverage, even though you were a pedestrian at the time. It is often wise to notify your own insurance carrier right away to preserve those rights. In cases involving uninsured vehicles, claims may also be pursued through the Motor Vehicle Accident Indemnification Corporation (MVAIC). Learn whether you qualify for MVAIC coverage.

If your injuries qualify as “serious” under New York law, you can also pursue a bodily injury claim against the at-fault driver for pain and suffering and full economic losses beyond what no-fault pays.

We handle all no-fault applications, carrier communications, and insurance disputes at no additional charge so you can focus on recovery.

Deadlines You Must Know

Pedestrian accident cases involve strict legal deadlines. Missing any one of them can permanently bar your right to recover compensation, regardless of how serious your injuries are.

The most critical deadline for most pedestrian victims is the no-fault application, which must be filed within 30 days of the accident under New York Insurance Law § 5106. Missing this window typically results in a complete denial of no-fault medical and lost wage benefits. For bodily injury claims against the at-fault driver, the statute of limitations is three years from the date of the accident under CPLR § 214(5). When a government entity is involved, such as a county bus, municipal vehicle, or dangerous condition on public property,  a Notice of Claim must be filed within 90 days under General Municipal Law § 50-e, and failure to comply will bar the claim entirely. Wrongful death claims carry a separate two-year deadline running from the date of death under EPTL § 5-4.1.

Missing a deadline can permanently bar recovery.

How We Prove Fault in a Long Island Pedestrian Accident

To recover compensation, we must show that the driver failed to use reasonable care. In many Long Island pedestrian accident cases, this means proving the driver failed to yield in a crosswalk, ignored a traffic signal, blew a stop sign, was distracted, or was traveling too fast for conditions.

Insurance companies often try to shift blame onto pedestrians. They may argue the pedestrian crossed outside a marked crosswalk, entered the roadway suddenly, or was difficult to see. Comparative fault arguments are common, which is why careful investigation is important.

Our firm conducts a full investigation that may include:

• Police reports and scene documentation.We review reports from the Nassau County Police Department, Suffolk County Police Department, or local departments such as Huntington, Patchogue, or Mineola. Officer observations, diagrams, and traffic citations can be critical.
• Surveillance footage.Busy roads such as Sunrise Highway, Hempstead Turnpike, Jericho Turnpike, Route 110, and Montauk Highway often have nearby businesses with cameras. Video evidence can quickly disappear, so it must be requested promptly.
• Witness statements.Independent witnesses at intersections, shopping districts, or busy roadways often provide important testimony when liability is disputed.
• Electronic and phone records.In distracted driving cases, phone usage or vehicle data may show the driver was texting, using GPS, or otherwise inattentive.
• Accident reconstruction.In serious cases filed in Nassau Supreme Court in Mineola or Suffolk Supreme Court in Riverhead, experts are hired to analyze speed, visibility, stopping distance, and impact angles.

We also review roadway conditions, crosswalk markings, lighting, and signage when relevant. By preserving evidence in the beginning and preparing cases thoroughly, we position our clients for full and fair compensation.

Compensation in Long Island Pedestrian Accident Cases

Depending on your injuries, you may recover:

Economic damages

• Medical expenses (past and future)
• Lost income
• Loss of earning capacity

Non-economic damages

• Pain and suffering
• Permanent disability
• Emotional distress
• Loss of enjoyment of life

If you would like to learn more about how personal injury claims work, including serious injury thresholds, comparative negligence rules, and filing deadlines, you can visit our Long Island Personal Injury Lawyer page for a more comprehensive overview of your rights.

Serving Pedestrian Accident Victims Across Long Island

We are available to meet clients at any of our Long Island office locations. If travel is difficult due to your injuries, we can arrange meetings close to home. Our offices are conveniently located in Babylon, Carle Place, East Hampton, Elmont, Hauppauge, Huntington, Mineola, Patchogue and Riverhead:

Whether your accident occurred in a busy downtown area, a residential neighborhood, or near one of Long Island’s major roadways, we are available to meet you locally.

If you are interested in learning more about local court procedures, police investigations, and litigation considerations specific to each jurisdiction, you can read more about the types of cases we handle in your area by visiting our Suffolk County Pedestrian Accident Lawyer page or our Nassau County Pedestrian Accident Lawyer page.

About Palermo Law

Palermo Law has represented injured Long Islanders for decades. Steven Palermo personally oversees every pedestrian accident case. We are 100% plaintiff-focused and have never represented insurance companies.

Our approach is simple: prepare every case thoroughly, negotiate from strength, and be ready for trial if necessary.

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