Brooklyn Pedestrian Accident Lawyer
Here is something most pedestrians injured in New York City do not know: under New York’s comparative negligence law, you can still recover compensation even if you were partially at fault for an accident. A driver’s attorney will almost certainly argue that you jaywalked, stepped off the curb unexpectedly, or were distracted by your phone. What they will not tell you is that even if a jury finds you 40% responsible, you can still recover 60% of your damages. That distinction matters enormously when medical bills pile up and paychecks stop coming. If you have been struck by a vehicle in Brooklyn, a skilled Brooklyn pedestrian accident lawyer can make the difference between walking away with nothing and receiving the full compensation you deserve.
Why Pedestrian Accidents in Brooklyn Are Different From Other Injury Claims
Brooklyn is one of the most densely populated boroughs in the United States, and its streets reflect that reality. From the commercial chaos of Atlantic Avenue and Flatbush Avenue to the narrow residential corridors of Williamsburg and Bedford-Stuyvesant, pedestrians share space with trucks, rideshare vehicles, delivery bikes, and city buses every single hour of the day. The Brooklyn-Queens Expressway cuts through the borough in ways that push heavy traffic through residential intersections never designed to handle that volume. That combination of high foot traffic, aging infrastructure, and constant commercial activity creates conditions where pedestrian accidents happen with troubling regularity.
What separates a pedestrian accident claim from a standard car accident claim is the severity. A vehicle, even moving at 25 miles per hour, can cause catastrophic injuries to a person on foot. Fractures, traumatic brain injuries, spinal damage, internal bleeding, and amputations are all outcomes the attorneys at Cohan Law Firm have handled. The physical vulnerability of a pedestrian means that the damages at stake are usually far higher than in a fender-bender, and insurance companies respond to that fact by fighting these claims aggressively.
Additionally, Brooklyn pedestrian accident cases sometimes involve multiple liable parties. A city bus that failed to yield, a delivery truck that blocked a crosswalk forcing you into traffic, a property owner whose broken sidewalk caused you to stumble into the road, a municipality that failed to maintain functioning traffic signals at a dangerous intersection. Identifying every responsible party requires investigation, not just paperwork, and that investigation needs to begin quickly before surveillance footage disappears and witness memories fade.
How Cohan Law Firm Builds a Pedestrian Accident Case
At Cohan Law Firm, building a strong pedestrian accident case starts with evidence preservation. New York City’s surveillance network is extensive. Businesses along major corridors like Kings Highway, Nostrand Avenue, and Church Avenue often have cameras that capture the moments before, during, and after a collision. City-owned traffic cameras and MTA footage can also be critical. This evidence exists on a tight timeline. Cohan Law Firm moves quickly to send preservation letters and obtain footage before it is overwritten or discarded.
Police accident reports are important, but they are rarely the complete picture. Officers responding to a pedestrian accident scene often capture basic facts without the technical analysis that establishes true fault. Our attorneys work with accident reconstruction experts who can examine skid marks, vehicle damage patterns, final resting positions, and roadway geometry to build a precise account of what happened. In cases involving poorly designed or maintained intersections, expert testimony about traffic engineering standards can demonstrate that the city itself created a foreseeable danger.
Medical documentation is another cornerstone of the case. Insurance adjusters look for gaps in treatment, inconsistencies between reported symptoms and medical records, and any prior injuries they can use to minimize your claim. Cohan Law Firm works alongside clients to ensure their medical care is properly documented from the emergency room through every follow-up appointment, physical therapy session, and specialist visit. The goal is to create an unbroken record that ties your injuries directly to the accident and demonstrates the full scope of your physical and financial losses.
The Insurance Company’s Playbook and How to Counter It
After a pedestrian accident, the at-fault driver’s insurance company will often contact you quickly, sometimes within days. They may sound sympathetic. They may offer a settlement that feels like a lot of money in the moment. What they are actually doing is trying to resolve your claim before you understand what it is worth. Early settlement offers rarely account for future medical costs, long-term lost earning capacity, or the lasting impact of a serious injury on your quality of life.
One of the most common defense strategies is arguing that the pedestrian violated traffic law. New York law requires pedestrians to obey walk signals, cross at marked crosswalks where available, and yield to vehicles in certain circumstances. Defense attorneys will scour your history, social media, and the accident report for anything that supports a narrative of pedestrian fault. Knowing this strategy exists before you speak with anyone from the insurance company or sign anything is essential. Anything you say in those early conversations can and will be used to reduce what you receive.
Cohan Law Firm has recovered over $100 million for accident victims in New York City, and a significant portion of that success comes from anticipating and dismantling these defense tactics before they gain traction. Our attorneys understand how insurance companies operate because we have spent years watching them work. We handle communications, negotiations, and litigation so that you can focus on recovery rather than strategy.
Damages You May Be Entitled to Recover
The compensation available in a Brooklyn pedestrian accident case extends well beyond the ambulance bill. Economic damages include all medical expenses, from emergency care and surgery to rehabilitation and future treatment, along with lost wages during recovery and diminished earning capacity if your injuries affect your ability to work long-term. In serious cases involving traumatic brain injuries, spinal cord damage, or amputations, lifetime care costs can reach into the millions.
Non-economic damages, often called pain and suffering, account for the ways an injury affects your daily life in ways that do not show up on a receipt. Chronic pain, the inability to participate in activities you once loved, emotional trauma, and the strain on personal relationships are all real losses that the law recognizes. New York allows recovery for these damages outside of the no-fault insurance system when a plaintiff meets the serious injury threshold, and a pedestrian struck by a vehicle almost always qualifies.
Punitive damages, while less common, are available in cases involving egregious conduct, such as a driver who was intoxicated, racing, or who fled the scene after striking you. Hit-and-run pedestrian accidents are unfortunately not rare in Brooklyn, and Cohan Law Firm has experience pursuing compensation through uninsured motorist coverage and other legal avenues even when the at-fault driver cannot be immediately identified.
Brooklyn Pedestrian Accident FAQs
How long do I have to file a pedestrian accident claim in New York?
In most pedestrian accident cases involving a private driver, New York’s statute of limitations gives you three years from the date of the accident to file a lawsuit. However, if your accident involved a city bus, a municipal vehicle, or a dangerous public sidewalk or intersection, you may be required to file a Notice of Claim against the city within 90 days of the accident. Missing that deadline can permanently bar your claim, so reaching out to a pedestrian accident attorney as soon as possible after an injury is critical.
What if I was crossing outside of a crosswalk when I was hit?
New York’s pure comparative negligence rule means that jaywalking does not automatically eliminate your right to compensation. If a driver was speeding, distracted, or otherwise acting negligently, they may still bear the majority of fault even if you crossed mid-block. Your compensation would be reduced by your percentage of fault, but you would not be barred from recovery entirely. The key is having an attorney who can present the evidence in a way that accurately reflects the driver’s role in causing the accident.
Can I sue if I was hit by an Uber or Lyft driver?
Yes. Rideshare accidents involving pedestrians in Brooklyn are handled through a combination of the driver’s personal insurance and the rideshare company’s commercial policy, depending on whether the driver was actively transporting a passenger, waiting for a ride request, or off the app entirely. Cohan Law Firm has experience handling Uber and Lyft accident claims and knows how to navigate the layered insurance structures these companies use.
What if the driver who hit me fled the scene?
Hit-and-run pedestrian accidents are handled through your own uninsured motorist coverage if you have an auto policy, or through the Motor Vehicle Accident Indemnification Corporation if you do not. Surveillance footage, witness accounts, and license plate evidence can sometimes identify the driver after the fact as well. These cases require immediate action to preserve any available evidence and file the appropriate claims.
Do I have to go to court?
The majority of pedestrian accident claims settle before trial. However, having an attorney who is fully prepared to take a case to court is exactly what motivates insurance companies to offer fair settlements. Cohan Law Firm is prepared to litigate when a settlement does not reflect what our clients are owed, and our track record of over $100 million recovered demonstrates that commitment.
How much does it cost to hire Cohan Law Firm for a pedestrian accident case?
Cohan Law Firm operates on a contingency fee basis, meaning there are no upfront costs and no legal fees unless we win your case. The firm’s “no win, no fee” policy means that every injured person, regardless of their financial situation, can access experienced legal representation without worrying about paying out of pocket.
Serving Throughout Brooklyn and the Surrounding Areas
Cohan Law Firm represents pedestrian accident victims across all of Brooklyn’s diverse neighborhoods, from the busy commercial streets of Downtown Brooklyn and the DUMBO waterfront to the residential corridors of Park Slope, Crown Heights, and Flatbush. Our clients come to us from Sunset Park and Bay Ridge in the southwest, from Canarsie and East New York in the east, and from the dense blocks of Bushwick and Bed-Stuy in the north. We also serve clients from Coney Island and Brighton Beach along the southern shore, where coastal traffic and seasonal pedestrian volume create their own particular hazards. Beyond Brooklyn, our team handles cases throughout all five boroughs, including Queens, the Bronx, and Manhattan, as well as parts of Long Island where clients need experienced New York City personal injury representation.
Contact a Brooklyn Pedestrian Accident Attorney Today
Cohan Law Firm has built its reputation on being the kind of firm that calls you, keeps you informed, and treats you with respect from the first consultation through the final resolution of your case. Our clients have described us as honest, organized, knowledgeable, and genuinely invested in their wellbeing, and that is exactly what we bring to every pedestrian accident case we handle. With over $100 million recovered for New York City accident victims and a team that speaks both English and Spanish, we are ready to stand in your corner. If you were injured while walking in Brooklyn, speak with a dedicated Brooklyn pedestrian accident attorney at Cohan Law Firm today and get a free, confidential consultation with no obligation and no upfront fees.