Pedestrian Accident Attorney on Long Island
Over Two Decades of Personal, In-House Representation for Injured Pedestrians
Long Island’s roads are genuinely dangerous for people on foot. According to Walk Safe Long Island, Nassau and Suffolk counties recorded 1,530 pedestrian crashes, 1,429 injuries, and 62 fatalities in the 12 months ending September 2025. If you or a family member were among them, the decisions you make in the days immediately after the crash can shape your entire claim.
At The Law Office of Gregory A. Goodman, P.C., Gregory Goodman handles every pedestrian accident case personally, from the first call through investigation, insurance negotiations, and, if necessary, trial. No case managers. No handoffs. Over two decades of personal injury experience on Long Island means we know the local courts, the tactics insurance companies use, and the specific New York rules that govern how these claims are built and pursued. We represent pedestrian accident victims throughout Long Island, including Nassau County, Suffolk County, and Jericho.
Call us today at (800) 242-3740 for a free consultation. The sooner you reach out, the sooner we can begin protecting your evidence and your rights.
How Pedestrian Accidents Happen on Long Island
Driver negligence is the common thread running through most pedestrian crashes. New York Vehicle and Traffic Law Section 1151 requires drivers to yield to pedestrians in marked and unmarked crosswalks where traffic-control signals aren’t in place or aren’t in operation, yet that obligation is violated constantly. Understanding the specific cause of a crash is how we determine which parties can be held liable and under what legal theories.
Common causes include:
- Distracted Driving: Texting, phone calls, and in-car navigation systems divert driver attention at exactly the moments when a pedestrian may be stepping off the curb.
- Speeding: Higher speeds reduce stopping distance and dramatically increase injury severity when a vehicle makes contact.
- Drunk or Impaired Driving: Alcohol and drug impairment compromise reaction time and spatial awareness, particularly at night and in low-light conditions.
- Poor Weather Conditions: Reduced visibility and slippery pavement during rain, snow, and fog require heightened caution that many drivers fail to exercise.
- Turning Vehicles: Right and left turns at intersections are among the most dangerous moments for pedestrians. Drivers tend to focus on vehicle gaps rather than crosswalk traffic.
- Parking Lot Backing Accidents: Vehicles reversing out of spaces often move before the driver has confirmed the path is clear, striking pedestrians without warning.
Who Can Be Held Liable After a Long Island Pedestrian Crash
Multiple parties can share legal responsibility for a pedestrian accident. These are frequently motor vehicle accidents with overlapping claims, and identifying every liable party from the outset is central to building a complete case.
- The Driver: The most direct source of liability in most crashes. A driver who failed to yield, was distracted, or was impaired can be held responsible for the victim’s damages.
- Vehicle Manufacturers: When a defective component (faulty brakes or a malfunctioning headlight system, for example) contributed to the collision, the manufacturer may be liable under a products liability theory.
- Municipalities or Government Agencies: Nassau County, Suffolk County, and local municipalities can be liable when a dangerous crosswalk design, faulty signal, or unaddressed road hazard contributed to the crash. These claims require a Notice of Claim under GML Section 50-e, filed within 90 days of the accident.
- Third Parties: A passenger who distracted the driver, a business that obstructed sightlines with signage, or a contractor responsible for a construction zone hazard can all bear partial responsibility.
New York follows a pure comparative negligence rule, which means a pedestrian who is partially at fault can still recover compensation. The award is reduced by the pedestrian’s percentage of fault, but it isn’t eliminated. Crossing outside a marked crosswalk doesn’t automatically bar a claim; each case turns on its specific facts. We investigate thoroughly to build the strongest possible liability picture, reviewing police reports and gathering witness statements in-house rather than farming that work out.
New York’s No-Fault System and the Serious Injury Threshold
New York is a no-fault insurance state. After a pedestrian accident, initial medical expenses and a portion of lost wages are covered through the at-fault driver’s Personal Injury Protection (PIP) coverage, regardless of fault. That coverage provides immediate relief, but it doesn’t include compensation for pain, suffering, or losses beyond the no-fault limits.
To pursue a lawsuit against the driver for full economic and non-economic damages, injuries must meet the serious injury threshold defined in Insurance Law Section 5102(d). Qualifying categories include:
- Death
- Dismemberment
- Significant Disfigurement
- Bone Fracture
- Loss of a Fetus
- Permanent Loss of Use of a Body Organ, Member, Function, or System
- Permanent Consequential Limitation of Use of a Body Organ or Member
- Significant Limitation of Use of a Body Function or System
- A medically determined injury or impairment that prevents the injured person from performing substantially all of their usual and customary daily activities for not less than 90 of the 180 consecutive days immediately following the accident
Fractures, traumatic brain injuries, and spinal injuries sustained by pedestrians frequently satisfy this threshold. One deadline that can’t be missed regardless of injury severity: the no-fault application must be filed with the at-fault driver’s insurer within 30 days of the accident. Missing that window can forfeit access to medical and wage benefits. If the driver was uninsured or fled the scene, MVAIC (Motor Vehicle Accident Indemnification Corporation) may provide a recovery path. Calling us quickly after the crash can help keep deadlines in view and preserve available options.
How We Build Your Pedestrian Accident Case
Insurance companies representing drivers have experienced adjusters whose job is to minimize what they pay. They look for opportunities to shift blame onto the pedestrian, dispute injury severity, or argue that pre-existing conditions explain reported symptoms. We anticipate those tactics because we’ve seen them consistently over more than two decades of practice.
Gregory Goodman reviews every police report, pursues witness statements, and obtains surveillance footage from nearby businesses when it exists. Where the crash warrants it, we engage accident reconstruction analysis to establish speed, trajectory, and the driver’s failure to act. Every case is prepared as if it will be presented to a jury. That trial-ready posture can put real pressure on an insurer at the negotiating table. We handle all communication with insurers directly, so clients aren’t pressured into recorded statements or early settlement offers that undervalue their claims.
Damages Pedestrian Accident Victims Can Pursue
The financial and personal consequences of a serious pedestrian accident extend well beyond the initial emergency room visit. We work to identify and pursue every category of loss the law permits:
- Medical Expenses: All past and anticipated future costs, including hospitalizations, surgeries, rehabilitation, medications, and long-term therapy.
- Lost Wages: Income lost during recovery, and future earning capacity if the injuries produce lasting impairment.
- Pain and Suffering: Compensation for the physical pain and emotional distress caused by the accident and its aftermath.
- Loss of Enjoyment of Life: Damages for activities, hobbies, and relationships the victim can no longer fully participate in.
- Permanent Disability or Disfigurement: Compensation for the long-term impact on quality of life when injuries don’t fully resolve.
- Property Damage: Repair or replacement of personal belongings damaged in the crash.
- Wrongful Death: When a pedestrian accident is fatal, surviving family members may seek compensation for funeral expenses, loss of financial support, and loss of companionship. The statute of limitations for wrongful death claims is two years from the date of death under EPTL Section 5-4.1.
Filing Deadlines for Long Island Pedestrian Accident Claims
New York imposes multiple deadlines on pedestrian accident claims, and missing any one of them can permanently affect your right to recover. The deadlines vary based on who is being sued and what type of claim is involved:
- 30 Days: No-fault application to the at-fault driver’s insurer. This is the earliest and most easily missed deadline.
- 90 Days: Notice of Claim against a government entity, including Nassau County, Suffolk County, a municipality, or a public authority, under GML Section 50-e. A lawsuit against a government entity must then be filed within one year and 90 days of the accident date.
- 3 Years: Personal injury lawsuit against a private driver (CPLR Section 214), running from the date of the accident.
- 2 Years: Wrongful death claim from the date of death (EPTL Section 5-4.1).
Frequently Asked Questions
What Should I Do Immediately After a Pedestrian Accident?
Seek medical attention first, even if your injuries seem minor. Symptoms from traumatic brain injuries and spinal trauma can be delayed. Contact law enforcement so an official report is generated by the Nassau County Police Department or Suffolk County Police Department. Collect names and contact information from any witnesses, and photograph the scene if you’re able.
Can I Recover Damages if I Was Partly at Fault?
Yes. New York’s pure comparative negligence rule allows recovery even when the pedestrian shares some responsibility for the crash. Your compensation is reduced proportionally by your percentage of fault, but it isn’t cut off entirely. Crossing mid-block or against a signal doesn’t automatically end your claim.
How Long Do I Have to File a Claim?
The standard statute of limitations for a personal injury lawsuit against a private driver is three years from the date of the accident. If a government entity is involved, you must file a Notice of Claim within 90 days. The no-fault application must be submitted within 30 days. Multiple deadlines can run simultaneously, which is why contacting an attorney early matters.
What if the Driver Who Hit Me Was Uninsured?
Two potential recovery paths exist: your own uninsured/underinsured motorist (UM/SUM) coverage and MVAIC (Motor Vehicle Accident Indemnification Corporation), which exists specifically to provide a potential recovery path for pedestrian accident victims when the responsible driver had no insurance or fled the scene. We can evaluate which option, or combination of options, applies to your situation.
Do I Have to Go to Court?
Most pedestrian accident claims on Long Island resolve through settlement negotiations before trial. We prepare every case for trial from day one, which strengthens our position at the negotiating table. When an insurer refuses to offer fair compensation, we’re prepared to take the case to court.
How Much Is My Case Worth?
Compensation depends on the severity of your injuries, the extent of your economic losses, the degree of fault attributable to each party, and the available insurance coverage. We evaluate each of these factors carefully and pursue the value supported by your claim rather than a quick settlement that leaves losses unaddressed.
How Can I Afford a Pedestrian Accident Lawyer?
We handle pedestrian accident cases on a contingency fee basis. There are no upfront fees and no attorney fees of any kind unless we recover compensation for you. The initial consultation is free.
Ready to Talk About Your Case?
A pedestrian accident claim in New York involves multiple deadlines, layered insurance rules, and insurance companies that start building their defense immediately. Having Gregory Goodman personally managing your case from day one means nothing falls through the cracks, and deadlines stay in view.
Contact us today for a free consultation. Call (800) 242-3740 to speak directly with our pedestrian accident attorney. Gregory Goodman has over two decades of experience representing injured pedestrians on Long Island and throughout New York State.
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380 North Broadway, Suite 305
Jericho, NY 11753 Map & Directions 800-242-3740