Long Island Pedestrian Accident Lawyer

Pedestrian Accident Lawyer Long Island, NY

If you were struck by a vehicle while walking on Long Island, you already know how fast everything changed. One moment you were crossing a street or walking along a sidewalk. The next, you were on the ground with injuries that may take months or years to recover from. And the driver’s insurance company is already working to minimize what they owe you.

Isaacson, Schiowitz & Korson, LLP has over 75 years of experience representing injury victims across Nassau County, Suffolk County, and the greater New York area. Pedestrian accident cases involve unique liability questions, New York’s no-fault insurance system, and often severe injuries that demand full compensation. We take every case on contingency. You pay nothing unless we win. If you need a pedestrian accident lawyer Long Island, NY victims can count on, contact us for a free consultation.

Why Choose Isaacson, Schiowitz & Korson for Pedestrian Accident Cases in Long Island, NY?

Attorneys Who Fight for Pedestrian Victims

Pedestrians have almost no physical protection when struck by a vehicle. The injuries are frequently catastrophic, and the financial consequences can be devastating. These cases require attorneys who understand how to prove driver negligence, counter victim-blaming defenses, and maximize recovery for clients who are facing long recoveries.

Founding Partner Martin Schiowitz co-founded this firm in 1978 and has spent more than 50 years litigating personal injury cases in New York, including pedestrian collision claims in both Nassau and Suffolk County courts. Martin graduated from New York Law School and has been recognized as a peer-selected Super Lawyer, a distinction given to the top 5% of practicing attorneys. He is a member of both the NYSTLA and the New York State Academy of Trial Lawyers, and his career includes multimillion-dollar verdicts and settlements for negligence victims.

Partner Jeremy Schiowitz has over 16 years of experience handling complex injury claims, including pedestrian crashes. He is licensed in New York and New Jersey, graduated from Brooklyn Law School, and has been named a Super Lawyer consecutively from 2014 to 2025. Jeremy was selected for the Top One Percent by the NADC and named one of the 10 Best Attorneys in New York by the American Institute of Personal Injury Attorneys. He brings defense-side litigation experience that gives him a sharp understanding of how insurance companies attempt to shift blame onto injured pedestrians.

Our Long Island injury lawyers handle pedestrian accident cases from the initial investigation through trial and are available for a free evaluation of your claim.

Proven Results for Injury Victims

Across all practice areas, our firm has recovered millions of dollars for clients, with total recoveries exceeding $200 million. Pedestrian accident cases often involve severe injuries and high damages, and we have the resources and willingness to take these cases to trial when insurers refuse to pay what our clients deserve.

No Fee Unless We Get You a Result

We work on contingency. No retainer, no hourly billing, no upfront costs of any kind. If we don’t recover compensation for you, there’s no fee. A free consultation is exactly that.

What Our Clients Say

★★★★★

“I cannot say enough about Jeremy!! His patience, kindness and concern was amazing. His Attention to detail and communication was top notch! I highly recommend him and he deserves 5 stars!” — Sandra Ferraiola

Read more reviews on our Google Business Profile.

Types of Pedestrian Accident Cases We Handle in Long Island

Pedestrian crashes happen in a wide variety of circumstances on Long Island, from busy commercial corridors to quiet residential streets. We handle all types of pedestrian injury claims across Nassau and Suffolk Counties:

• Crosswalk accidents. Pedestrians struck while crossing within a marked or unmarked crosswalk have strong legal protections under New York law. Drivers who fail to yield to pedestrians in crosswalks violate VTL § 1151, and that violation is powerful evidence of negligence.
• Intersection crashes. Turning vehicles are a major threat to pedestrians at intersections. Left-turning and right-turning drivers who fail to check for pedestrians before completing a turn cause serious injuries. These crashes are common at busy Long Island intersections where high traffic volume creates blind spots.
• Hit-and-run pedestrian accidents. Drivers who strike pedestrians and flee the scene leave victims with devastating injuries and no immediate recourse. We help clients pursue uninsured motorist claims and work with law enforcement to identify the responsible driver.
• Parking lot and driveway accidents. Pedestrians struck in shopping center parking lots, commercial driveways, and gas stations have valid claims against negligent drivers. Under VTL § 1151-a, drivers exiting driveways and alleys must yield to pedestrians on any adjacent sidewalk.
• Distracted driver crashes. Drivers who are texting, using apps, or otherwise distracted cause a disproportionate number of pedestrian fatalities. Cell phone records, surveillance footage, and witness testimony can prove distraction. These claims often support significant recoveries because of the clear negligence involved.
• Bus and truck pedestrian collisions. When a bus or commercial truck strikes a pedestrian, the injuries are almost always catastrophic. The size and weight of these vehicles make survival itself a challenge. We pursue claims against drivers, carriers, and municipalities when applicable.
• Rideshare vehicle pedestrian accidents. Uber, Lyft, and other rideshare drivers who strike pedestrians create layered insurance coverage issues. We identify the correct policy and pursue every available source of compensation.
• School zone pedestrian accidents. Children struck by vehicles near schools face life-altering injuries. New York law provides heightened protections in school zones, and drivers who violate speed limits or fail to yield in these areas face additional liability.
• Fatal pedestrian accidents. When a pedestrian is killed by a negligent driver, the family may have a wrongful death claim. We represent surviving families and pursue the full financial recovery they need.

New York Legal Requirements for Pedestrian Accident Cases

New York law provides significant protections to pedestrians, but there are rules and deadlines that directly affect your claim.

Under VTL § 1151, drivers must yield to pedestrians crossing within any crosswalk, whether it’s marked or unmarked. At intersections without traffic signals, pedestrians in the crosswalk have the right of way. When a vehicle stops to let a pedestrian cross, other vehicles approaching from behind are prohibited from passing the stopped car. VTL § 1146 further requires that every driver exercise “due care” to avoid colliding with any pedestrian.

Pedestrians also have responsibilities. VTL § 1152 provides that pedestrians crossing outside of a crosswalk must yield to vehicles. And under § 1151(b), a pedestrian cannot suddenly leave a curb and walk into the path of a vehicle so close that the driver cannot reasonably stop. Insurance companies use these provisions aggressively to shift blame onto the injured pedestrian.

New York is a no-fault insurance state. After a pedestrian accident, you can file for Personal Injury Protection (PIP) benefits through the driver’s auto insurance policy to cover initial medical expenses and lost wages, regardless of fault. But to file a lawsuit and recover full damages including pain and suffering, your injuries must meet the “serious injury” threshold under Insurance Law § 5102(d). Given the severity of most pedestrian injuries, this threshold is usually met.

The CPLR § 214. If the accident involved a government vehicle, government employee, or a dangerous road condition maintained by a municipality, you must file a notice of claim within 90 days under General Municipal Law § 50-e.

New York’s comparative negligence rule under CPLR § 1411 means that even if you were partially at fault, such as crossing against a signal, your recovery is reduced by your percentage of fault but not eliminated. A pedestrian accident attorney on Long Island can help minimize any comparative fault arguments the insurance company raises.

What Damages Are Recoverable in Long Island Pedestrian Accident Cases?

Pedestrian injuries are often among the most severe in personal injury law. The human body has no protection against a two-ton vehicle. The damages available in a successful pedestrian accident claim reflect that reality.

Economic damages cover every financial loss tied to your injuries. Medical expenses form the core: emergency room bills, hospital stays, surgeries, diagnostic imaging, physical and occupational therapy, prescription medications, and all projected future medical care. Pedestrian crashes frequently produce injuries that require years of follow-up treatment. Lost wages are calculated from the date of the accident through the projected end of your working life if your injuries affect your ability to earn. Vocational and economic analysts can quantify the gap between what you were earning and what you can earn now. Other economic losses include transportation for medical appointments, home modifications, and the cost of assistance with daily activities.

Non-economic damages account for the impact on your quality of life. Physical pain, emotional distress, anxiety, depression, sleep disruption, and the loss of activities you used to enjoy are all compensable. For pedestrians who suffer traumatic brain injuries, spinal cord damage, or amputations, non-economic damages can represent the most significant portion of the recovery.

Punitive damages may apply when the driver’s behavior was especially reckless. A motorist who was intoxicated, fleeing police, or engaged in a street race when they struck a pedestrian may face punitive exposure in addition to compensatory damages.

What Steps Should I Take After a Pedestrian Accident on Long Island?

The actions you take after being struck by a vehicle on Long Island can significantly affect the value of your claim. If you were hit by a car while walking, here is what we advise:

1. Stay at the scene if you can. Don’t try to walk away if you’re hurt. Moving with an undiagnosed spinal injury can cause permanent damage. Wait for help.
2. Call 911. Request police and an ambulance. A police report documenting the scene, the driver’s information, witness statements, and road conditions is critical evidence.
3. Get immediate medical treatment. Go to the emergency room, even if you think your injuries are minor. Adrenaline masks pain. Concussions, internal bleeding, and fractures don’t always present symptoms right away, and a gap between the accident and your first medical visit can hurt your claim.
4. Document everything you can. If you’re able, photograph the location where you were struck, the vehicle that hit you, traffic signals, crosswalk markings, skid marks, and your injuries. Have someone else take photos if you can’t.
5. Get the driver’s information. Name, insurance details, license plate number, and phone number. If the driver fled, write down everything you remember about the vehicle immediately.
6. Identify witnesses. Bystanders, other drivers, and nearby business employees may have seen the crash. Get their names and numbers. Witness accounts carry significant weight when the driver tries to blame you.
7. Do not discuss fault. Don’t apologize or say anything that could be interpreted as admitting responsibility. Cooperate with police, answer questions factually, and leave the liability determination to your attorney.
8. Notify the driver’s insurance company. Under New York’s no-fault system, you are entitled to PIP benefits through the driver’s insurer. File the claim promptly, but do not give a detailed recorded statement without legal guidance.
9. Keep a recovery journal. Document your daily pain levels, limitations, emotional state, and activities you can no longer perform. This record helps establish the non-economic impact of your injuries.
10. Contact a pedestrian accident lawyer. Surveillance footage gets erased. Witnesses forget. Insurance adjusters work fast to close files cheaply. An experienced Long Island pedestrian accident attorney can preserve evidence, protect your rights, and begin building your case immediately.

Pedestrian Accident Statistics on Long Island

Pedestrian fatalities are a growing crisis across the United States, and Long Island is no exception. According to NHTSA data, 7,314 pedestrians were killed in traffic crashes nationally in 2023. While that represented a 3.7% decline from 2022, it remained far higher than pre-pandemic levels. Pedestrian deaths reached a 40-year high in 2022 before beginning a modest decline.

In New York State, pedestrians account for approximately 25% of all traffic fatalities, a rate significantly higher than the national average. The NYS Comptroller’s office has documented that more pedestrians die on New York’s roads as a percentage of total traffic deaths than in most other states. On Long Island, Nassau and Suffolk Counties collectively led the state in absolute traffic fatalities in 2022, with 245 deaths, and pedestrian crashes contributed meaningfully to that total.

The CDC notes that pedestrians and cyclists account for three times more fatalities in urban areas than along rural roads. Long Island’s mix of dense suburban development, high-speed arterials, and neighborhoods with limited sidewalk infrastructure creates an environment where pedestrians are frequently exposed to dangerous conditions. Hempstead Turnpike, Sunrise Highway, Route 110, and other major corridors see heavy vehicle traffic alongside pedestrian activity from adjacent shopping centers, bus stops, and residential neighborhoods.

The Governors Highway Safety Association has identified vehicle size as a significant factor in rising pedestrian deaths. As the proportion of SUVs and light trucks on the road has increased, the lethality of pedestrian crashes has climbed. An adult struck by an SUV at 25 mph is far more likely to suffer fatal injuries than one struck by a sedan at the same speed. On Long Island, where SUV ownership rates are high and speed limits on many arterials reach 45 mph or more, this dynamic is especially dangerous.

Long Island Pedestrian Accident Lawyer FAQs

How much does a pedestrian accident lawyer cost?

Nothing upfront. We take every pedestrian accident case on contingency. Our fee comes out of the recovery. If there’s no recovery, there is no fee.

Do pedestrians always have the right of way in New York?

No. Pedestrians have the right of way in crosswalks and when crossing with a walk signal. Outside of those situations, pedestrians must yield to vehicles. But even when a pedestrian is partially at fault, New York’s comparative negligence rule allows them to recover damages, reduced by their share of responsibility.

What if I was jaywalking when I was hit?

You may still have a valid claim. Jaywalking doesn’t give a driver the right to strike you. If the driver was speeding, distracted, or otherwise negligent, they bear fault too. Your recovery will be reduced by your percentage of fault, but you can still pursue compensation.

What qualifies as a “serious injury” for a pedestrian claim?

Fractures, dismemberment, significant disfigurement, permanent loss or limitation of use of a body organ or member, and injuries that prevent you from performing your usual daily activities for at least 90 of 180 days. Most pedestrian accident injuries meet this threshold because the impact forces are so severe.

How does no-fault insurance work for pedestrians?

Under New York’s no-fault system, a pedestrian struck by a vehicle is entitled to PIP benefits through the driver’s auto insurance, covering up to $50,000 in medical expenses and lost wages. To pursue additional damages, including pain and suffering, your injuries must meet the serious injury threshold.

What if the driver fled the scene?

Report the hit-and-run to police immediately and document everything you can about the vehicle. You can still pursue a claim through your own uninsured motorist coverage, or through the Motor Vehicle Accident Indemnification Corporation (MVAIC) if you don’t have auto insurance.

Can I sue a government entity if a dangerous road design caused my accident?

Yes, but the rules are different. You must file a notice of claim within 90 days under General Municipal Law § 50-e. Claims against municipalities for dangerous road conditions, missing crosswalks, inadequate lighting, or faulty traffic signals follow specific procedural requirements.

What injuries are most common in pedestrian accidents?

Traumatic brain injuries, spinal cord damage, broken legs and hips, internal organ damage, facial fractures, and severe head trauma. Many pedestrian accident victims face permanent disability and require lifelong medical care.

What if the driver was drunk when they hit me?

Intoxicated driving significantly strengthens your claim. You may be entitled to both compensatory damages and punitive damages. Criminal charges against the driver are separate from your civil case and don’t prevent you from filing suit.

How long do I have to file a pedestrian accident lawsuit in New York?

Three years from the date of the accident. Claims against government entities require a notice of claim within 90 days.

Can I recover damages if I was partially at fault?

Yes. New York follows pure comparative negligence. Even if you were 40% at fault for the accident, you can recover 60% of your total damages. A Long Island pedestrian injury attorney can present evidence to minimize any fault attributed to you.

What evidence is important in a pedestrian accident case?

Surveillance video, traffic camera footage, the police report, photographs, witness statements, accident reports, medical records, and cell phone records from the driver. Speed calculations based on skid marks and impact location are also valuable.

Will my case go to trial?

Most pedestrian accident cases settle before trial. But having a firm with trial experience changes how the insurance company approaches your claim. Insurers offer better settlements when they know the attorney is prepared to go to court.

What if a bicycle or e-bike hit me while I was walking?

Bicycle and e-bike riders have a duty to exercise care around pedestrians. If you were struck by a cyclist or e-bike rider operating negligently, you may have a claim against that rider. E-bike accidents have been increasing on Long Island as these vehicles become more common.

Do I need a lawyer for a pedestrian accident case?

Insurance companies almost always try to blame the pedestrian. They argue you were outside the crosswalk, distracted by your phone, or wearing dark clothing. Fighting that narrative takes an attorney who knows how to investigate, preserve evidence, and present the facts. A pedestrian accident lawyer on Long Island, NY with experience in these cases is essential to protecting your right to full compensation.

Most Dangerous Locations for Pedestrian Accidents on Long Island

Pedestrian crashes on Long Island concentrate along corridors where high vehicle speeds meet pedestrian activity without adequate infrastructure to separate them.

Hempstead Turnpike is one of the most dangerous roads for pedestrians in all of Nassau County. Its wide lanes, high traffic volume, and limited protected crossings create conditions where pedestrian collisions happen regularly. Sunrise Highway through Bay Shore, Lindenhurst, and West Islip presents similar hazards. Route 110 in Huntington Station and Amityville carries heavy traffic through commercial districts where pedestrians cross to reach bus stops, shopping centers, and restaurants.

Intersections in downtown Hempstead, Freeport, Babylon, and Patchogue see significant foot traffic alongside dense vehicle activity. The areas around Long Island Rail Road stations are also high-risk zones for pedestrian crashes, as commuters cross busy roads to reach platforms. School zones throughout both Nassau and Suffolk Counties present seasonal risk, particularly at morning drop-off and afternoon pickup times.

What Are Important Local Resources for Long Island Pedestrian Accidents?

The following local resources may be helpful if you’ve been injured as a pedestrian on Long Island. Inclusion does not constitute an endorsement by Isaacson, Schiowitz & Korson, LLP.

• Nassau County Police Department — (516) 573-7000
• Suffolk County Police Department — (631) 852-6000
• NYU Langone Hospital–Long Island (Level 1 Trauma Center, Mineola) — (516) 663-0333
• Stony Brook University Hospital (Level 1 Trauma Center, Stony Brook) — (631) 444-4000
• NYS Department of Health — Directory of designated trauma centers across New York
• New York State Courts — Nassau and Suffolk County Supreme Courts
• NYS Pedestrian Safety — New York State pedestrian safety information and traffic law resources

Contact Isaacson, Schiowitz & Korson

Being struck by a vehicle while walking is a violent, life-changing event. If it happened to you or a family member on Long Island, we want to help. Our pedestrian accident lawyers offer free consultations, take every case on contingency, and respond promptly because we understand the urgency of these claims. Contact us today to discuss your case.