Pedestrian Hit by Car
$725,000
Insurer offered$25,000
Hip fracture and concussion in a crosswalk. The insurer offered $25,000.
Serving Queens, New York
Pedestrian Accident Lawyer in Queens, New York
Hurt in a crash in Queens? 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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In New York, a pedestrian struck in Queens has no fault benefits waiting on the driver's policy, and a separate claim for pain and suffering if the injury clears the serious injury line. Top USA Law handles both, from Queens Boulevard to Main Street in Flushing. Call (877) 411-5291.
Where pedestrians get hit in Queens
Queens Boulevard was rebuilt because of pedestrians. Medians were widened, service road crossings were shortened and protected bike lanes went in through Woodside, Elmhurst and Rego Park, and the crossings at Woodhaven Boulevard and 63rd Drive are safer than they were. They are still long, drivers off the service road still turn across them, and an older person who starts on a fresh walk signal can still be in the roadway when it changes.
Northern Boulevard through Jackson Heights and Corona has the same width without the redesign, and its bus stops put people mid block on a road built for through traffic. Hillside Avenue and Jamaica Avenue carry the pattern east into Jamaica, where the Jamaica Center bus hub empties riders onto Archer Avenue and Parsons Boulevard all at once.
Roosevelt Avenue under the 7 train is a different problem. The elevated structure's columns block sightlines at every cross street, so a driver turning off Roosevelt sees the crosswalk late, and the sidewalks are crowded enough that people spill into the street. Main Street in Flushing is the same story with more buses. Each case turns on who had the signal, and the NYPD precinct, the 115th in Jackson Heights or the 109th in Flushing, writes the first record of it.
No fault benefits, Elmhurst and Jamaica Hospital, and the courthouse on Sutphin Boulevard
A pedestrian in New York is covered by the no fault insurance on the car that hit them. That policy pays your medical bills and part of your lost wages regardless of fault, up to the 50,000 dollar basic economic loss limit set by Insurance Law 5102. The catch is timing: the application is generally due within 30 days, and a person recovering from surgery at Elmhurst Hospital Center on Broadway or Jamaica Hospital Medical Center beside the Van Wyck, both Level I trauma centers, is not thinking about forms. We file it. Once proof of claim is in, Insurance Law 5106 gives the carrier 30 days to pay.
Hit and run and MVAIC
A driver who hits someone on Northern Boulevard at night and keeps going has committed a crime under VTL 600. For the injured person, the question is coverage. A household auto policy responds first; without one, MVAIC covers New York residents hit by unidentified drivers, provided police were told within 24 hours and a notice of intention arrives within 90 days.
The serious injury threshold, comparative fault and Queens County venue
Pain and suffering come from the driver's liability insurer, and Insurance Law 5104 allows that claim only for a serious injury as defined in Insurance Law 5102(d): a fracture, significant disfigurement, a significant limitation, or permanent loss of use. Most serious pedestrian injuries are fractures, which qualify outright. Expect the insurer to say you crossed against the countdown; under CPLR 1411 that reduces your recovery by your share of fault, and for lawsuits filed on or after May 26, 2026, fault greater than the driver's can bar the claim. Suit is filed in Supreme Court, Queens County, at 88-11 Sutphin Boulevard in Jamaica. CPLR 214 gives three years from the crash, and EPTL 5-4.1 gives two years from a death. If a New York City Transit or MTA Bus Company bus, a City vehicle or a signal the City maintains is involved, General Municipal Law 50-e demands a notice of claim inside 90 days.
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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 Queens pedestrian claims
The first week decides most Queens pedestrian cases. Top USA Law sends preservation letters to the storefronts and bus and traffic cameras near the crossing, requests the precinct report and any Collision Investigation Squad file, and opens the no fault claim before the hospital bills go to collections. A bus or City vehicle means the 90 day notice is served immediately. We meet Queens clients by phone, by video, at home or at the bedside. See the New York pedestrian accident lawyer page for the statewide rules, or call (877) 411-5291. The consultation is free and there is no attorney fee unless we win; costs may apply.
Our New York offices
Courts where New York crash cases are heard
- Queens County Supreme Court, Jamaica
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 Queens? 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 Queens
I was hit crossing Queens Boulevard and the light changed while I was in the roadway. Is that my fault?
Not entirely, and often not at all. A driver must give a pedestrian already in the crosswalk time to finish, whatever the signal does. Even where the insurer proves you shared blame, CPLR 1411 reduces your recovery by that share, and for lawsuits filed on or after May 26, 2026, fault greater than the driver's can bar the claim. Signal timing records and camera footage decide the split.
Which hospital will I be taken to after a pedestrian crash in Queens?
Serious injuries from western Queens go to Elmhurst Hospital Center on Broadway; injuries from Jamaica, the south and the east go to Jamaica Hospital Medical Center beside the Van Wyck. Both are Level I trauma centers, and Top USA Law requests those records with your release, because the first chart documents how you were hurt.
Does a pedestrian get no fault benefits in New York?
Yes. The no fault coverage on the vehicle that struck you pays medical bills and part of lost wages regardless of fault, up to the 50,000 dollar limit in Insurance Law 5102, and Insurance Law 5106 requires payment within 30 days of proof of claim. The application is generally due within 30 days.
A Q44 bus hit me on Main Street in Flushing. What is different?
MTA Bus Company and New York City Transit are public authorities, so a notice of claim must reach them within 90 days under General Municipal Law 50-e, served in the form the statute requires. Top USA Law also requests the bus's forward and door camera footage before it is recycled.
The driver who hit me on Roosevelt Avenue drove away. Do I have any coverage?
If someone in your household insures a car, that policy responds. If not, MVAIC covers New York residents hit by unidentified drivers, but only when police were told within 24 hours and a notice of intention is filed within 90 days. Leaving an injury crash is a crime under VTL 600.
How much does a Queens pedestrian accident lawyer at Top USA Law cost?
The consultation is free, and there is no attorney fee unless the firm recovers money for you. Costs may apply and are explained in writing first. Top USA Law meets Queens clients by phone, by video, at home or at Elmhurst or Jamaica Hospital, whichever you can manage while you heal.
Last reviewed by Paul Perkins, Esq., September 2026.
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Statewide guide: Pedestrian Accident Lawyer in New York