Pedestrian Hit by Car
$725,000
Insurer offered$25,000
Hip fracture and concussion in a crosswalk. The insurer offered $25,000.
Serving Brooklyn, New York
Pedestrian Accident Lawyer in Brooklyn, New York
Hurt in a crash in Brooklyn? The insurance company already has a team working on your claim. You should too. A free call tells you where you stand.
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Your attorneyPaul Perkins, Esq.Of Counsel. Licensed in New York.Attorney advertising. Services are not available in all states.
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In New York, a pedestrian hit on a Brooklyn street gets medical bills paid by the striking car's no fault coverage, then pursues the driver for pain and suffering once the injury qualifies as serious. Top USA Law builds the crosswalk case while the footage still exists. Call (877) 411-5291.
Where pedestrians get hit in Brooklyn
Brooklyn's worst pedestrian corners share a shape: a wide road, a long crossing and a driver who does not expect anyone to be in it. Atlantic Avenue is the clearest example, trucks and turning cars from Barclays Center to East New York, with bus stops that put people mid block. Linden Boulevard and Kings Highway have the same problem farther south, and Ocean Parkway and Eastern Parkway add service roads, so a person who has cleared the main lanes is hit by a car turning onto the side road.
Flatbush Avenue and Fourth Avenue are different. They are dense and lined with stores, and a driver turning left onto a side street looks past the crosswalk at the traffic behind it. The bridge approaches are their own hazard: Tillary and Adams Streets below the Brooklyn Bridge, and the ramps where the Williamsburg Bridge lands on Broadway, with drivers still at highway speed.
The people hurt are the ones who walk most. In Borough Park it is children and parents pushing strollers across narrow commercial streets. In East New York it is seniors crossing Linden Boulevard to a bus stop on a signal that does not give them time. The NYPD precinct writes the report; when the injury is critical the Collision Investigation Squad takes the scene.
No fault for people on foot, Kings County Hospital and 360 Adams Street
For insurance purposes, New York treats a pedestrian as if the car that hit them were their own. The no fault coverage on that vehicle pays your medical bills and a portion of lost wages regardless of fault, up to the 50,000 dollar basic economic loss limit in Insurance Law 5102, and Insurance Law 5106 requires the carrier to pay within 30 days of proof of claim. The application is generally due within 30 days. If the driver fled, a crime under VTL 600, and no household policy exists, MVAIC steps in on its own short deadlines.
Trauma care and the injuries that clear the threshold
Kings County Hospital Center on Clarkson Avenue, the Level I trauma center, takes the worst of them; Maimonides in Borough Park and NYU Langone Hospital Brooklyn in Sunset Park take many others. The injuries a pedestrian brings in, a fractured pelvis, a tibial plateau fracture, a head strike on the pavement, tend to satisfy the serious injury definition in Insurance Law 5102(d) on the first X-ray. That matters because Insurance Law 5104 allows a pain and suffering claim against the driver only for a serious injury: a fracture, significant disfigurement, a significant limitation, or permanent loss of use. A lingering sprain is a harder argument; a break is not.
Fault, the courthouse and public entity notices
The insurer's first defense is that you crossed against the signal or mid block; under CPLR 1411 that reduces your recovery, and for lawsuits filed on or after May 26, 2026, fault greater than the driver's can bar it. You sue in the Supreme Court, Kings County, at 360 Adams Street near Borough Hall. CPLR 214 gives three years from the crash; EPTL 5-4.1 gives two years from a death. If a New York City Transit bus, a City truck, or a signal the City maintains is part of the story, General Municipal Law 50-e demands a notice of claim inside 90 days, and a defective notice can end the case. A VTL 1192 drunk driving charge supports the civil claim.
See if you have a case
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Results in cases like this
Rear End Collision
$2,300,000
Insurer offered$85,000
Spinal cord injury after a rear end crash. The insurer offered $85,000.
T Bone Accident
$1,800,000
Insurer offered$120,000
Broken pelvis and internal bleeding at an intersection. The insurer offered $120,000.
Every case is different. Past results do not guarantee, warrant, or predict a similar outcome.
Where we help in New York
How Top USA Law handles Brooklyn pedestrian claims
Storefront cameras along Flatbush or Atlantic overwrite in days, so Top USA Law sends preservation letters first, then requests the precinct report, any Collision Investigation Squad file and the hospital records, and opens the no fault claim with the driver's carrier. A bus or City vehicle means the 90 day notice goes out immediately. We meet Brooklyn clients by phone, by video, at home or at the bedside. The New York pedestrian accident lawyer page covers the statewide rules, or call (877) 411-5291. The consultation is free, there is no attorney fee unless we win, and costs may apply.
Our New York offices
Courts where New York crash cases are heard
- Kings County Supreme Court, Brooklyn
New York laws that control your case
N.Y. Ins. Law 5102
Defines basic economic loss and the serious injury threshold.
N.Y. Ins. Law 5104
Bars a pain and suffering suit between covered persons unless the serious injury threshold is met.
N.Y. Ins. Law 5106
No fault benefits must be paid within 30 days of proof of claim.
N.Y. CPLR 1411
Modified comparative negligence in motor vehicle cases (lawsuits filed on or after May 26, 2026): recovery is reduced by your share of fault, and you can be barred if you are more at fault than the other side.
N.Y. CPLR 214
Three year deadline to file a personal injury lawsuit.
N.Y. EPTL 5-4.1
Two year deadline for a wrongful death action brought by the personal representative.
N.Y. GML 50-e
Ninety day notice of claim for claims against municipalities and public authorities.
N.Y. VTL 600
Leaving the scene of an incident; a crime when the crash caused injury.
N.Y. VTL 1192
Driving while intoxicated or impaired.
Hurt in a crash in Brooklyn? Talk it through for free.
New York filing deadlines and insurance notice rules can be short. A free call tells you where your clock stands.
Pedestrian Accidents questions in Brooklyn
I was hit crossing Atlantic Avenue mid block. Can I still recover?
Often, yes. For lawsuits filed on or after May 26, 2026, New York uses modified comparative negligence in motor vehicle injury cases under CPLR 1411, so crossing outside the crosswalk reduces your recovery by your share of fault, and fault greater than the driver's can bar it. A driver speeding down Atlantic or looking at a phone carries most of the blame, and camera footage usually shows who did what.
Who pays the hospital bill if I do not own a car?
The no fault coverage on the vehicle that struck you, regardless of fault, up to the 50,000 dollar limit in Insurance Law 5102. A pedestrian does not need a policy of their own. Top USA Law files the application within the 30 day window and sends the hospital bills to that carrier.
My child was hit near school in Borough Park. Is the claim different?
The law is the same, but the deadlines differ. A parent brings the claim on the child's behalf, and the three year period under CPLR 214 is paused while the child is a minor. If a school bus or a City vehicle was involved, the 90 day notice under General Municipal Law 50-e still applies.
The driver who hit me ran. Who covers me?
MVAIC does, if you have no auto policy in your household. It is the fund for New York residents hit by unidentified or uninsured drivers, and it insists on a police report within 24 hours and a notice of intention within 90 days. VTL 600 makes leaving an injury crash a crime.
A B46 bus hit me at a stop on Utica Avenue. What changes?
Buses are run by New York City Transit, a public authority, which means a notice of claim under General Municipal Law 50-e must be served within 90 days, in the form the statute requires. The bus carries cameras facing forward and toward the doors; we request that footage before it is recycled.
What does Top USA Law charge for a Brooklyn pedestrian case?
No attorney fee unless the firm recovers money for you, and the consultation is free. Costs may apply and are set out in writing before you sign. Top USA Law meets Brooklyn clients by phone, by video, at home or at the hospital, and handles the insurer calls while you heal.
Last reviewed by Paul Perkins, Esq., September 2026.
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Statewide guide: Pedestrian Accident Lawyer in New York