pedestrian crossing the street

One of the most common accidents to happen on the road involves pedestrians. Pedestrian-related auto accidents are extremely dangerous, as pedestrians do not have any outside protection to shield them from the impact of a car hitting them. Drivers are protected by airbags and seatbelts, while pedestrians have nothing even comparable to protect themselves. When a pedestrian is struck by a motor vehicle, the impact alone can cause life-threatening and life-changing injuries.

Drivers and pedestrians owe it to one another to abide by the rules of the road. Most pedestrian-related auto accidents are caused by driver error and negligence. Drivers and pedestrians need to look out for one another. They have to proceed with caution and always be aware of their surroundings to avoid pedestrian-related auto accidents. If you or a loved one has sustained injuries from a pedestrian-related auto accident, consult with an experienced Westchester Pedestrian Accident Attorney who can assist you in recovering reasonable damages for your injuries.

Can I Still Recover Damages if I Was Partially at Fault For a Pedestrian-related Auto Accident in New York?

If you are a pedestrian who has been involved in a motor vehicle accident and had some degree of fault in the cause of the accident, you can still file a claim against the driver who hit you. In New York, pure comparative negligence is followed. It states that even if you were partially responsible for the accident, you could still seek reasonable damages for your injuries. Under this pure comparative fault model, a pedestrian must prove the fault of a driver. Pedestrians similarly to drivers have a responsibility to abide by the rules of the road set forth by New York laws and regulations. If drivers and pedestrians do not abide by these rules they can be held liable for any injuries suffered.

What is the Statute of Limitations For an Auto Accident Involving a Pedestrian in New York?

The statute of limitations for someone who has been injured in a pedestrian-related auto accident in New York is three years from the date the injury was inflicted. If you fail to file a claim within this timeframe, you will be barred from ever doing so. You do not have to file right away, but it is always better to act quickly in these time-sensitive scenarios. Do not wait to file a claim, contact a trusted Westchester County Personal Injury Attorney who can help you file within this timeframe.


Hausman & Pendzick effectively represent victims of negligence in Westchester County and across the state of New York. Contact us today for help.