Can I File a Pedestrian Accident Claim if I Was Jaywalking? 

If you or a loved one were struck by a vehicle while crossing the street, it can be daunting to know what to do next. Our pedestrian accident attorneys in Staten Island, NY understand that you may be hesitant reach out to a lawyer because you believe jaywalking automatically disqualifies you from filing a personal injury claim. At Chelli & Bush, Attorneys at Law, we help you navigate complex pedestrian accident claims with a clear strategy to secure the compensation you need and deserve. 

Quick Facts

• New York follows a comparative negligence rule, which means you may be able to recover compensation even if you were partially at fault for the accident.
• Valuable evidence like traffic camera footage provides can show that a driver was at fault.
• If you have car insurance, your own Personal Injury Protection (PIP) covers medical bills and lost wages, regardless of who caused the accident.
• Our Staten Island personal injury lawyers handle hundreds of cases each year and have recovered more than $500 million for clients in New York and New Jersey. 

Jaywalking and New York Law

As of 2025, jaywalking is not illegal in Staten Island or anywhere in New York City. This means pedestrians no longer face tickets or fines for crossing the street outside of a crosswalk. However, this change in the law doesn’t mean a driver is automatically at fault if an accident occurs.

Rules for Pedestrians and Right of Way

Even though crossing mid-block or against a signal is legal, pedestrians still must act responsibly. If you cross outside of a marked crosswalk or intersection, you must yield the right-of-way to all vehicles and avoid creating a hazardous situation for yourself and others.

Civil Liability in Staten Island Pedestrian Accident Claims 

Motorists have a duty to operate their vehicles safely. If you’re hit by a car while jaywalking, a driver may be liable for damages, but it really depends on the specific circumstances. The outcome of your claim often hinges on proving the driver failed their duty of care due to distraction or other negligent behaviors, regardless of where you were crossing.

Understanding Comparative Negligence in New York

New York applies the concept of pure comparative negligence to personal injury claims. This means you can still file a pedestrian accident claim against a negligent driver even if you were 99% responsible for your injuries. 

How Percentage of Fault Reduces Your Compensation

Under the pure comparative negligence rule, a percentage of fault is assigned to each party. For example, if an insurer or jury finds that a pedestrian was 25% at fault for crossing mid-block and the driver was 75% at fault for speeding, the pedestrian can still recover 75% of their total damages. This ensures that everyone involved is held accountable for their share of the harm caused.

Because insurance companies do whatever they can to protect their bottom line, adjusters often try to paint a picture that places 100% of the blame on the pedestrian. Our pedestrian accident attorneys know how to fight these tactics with solid evidence and compelling legal arguments. 

Vital Evidence that Can Support Your Claim

• Traffic and surveillance camera footage is often the most critical evidence because it provides an unbiased view of the pedestrian’s actions and the driver’s speed and reaction time.
• Photos from the scene, such as images of skid marks, sightline obstructions, and vehicle damage help reconstruct the moment of impact.
• Witness statements can provide vital context for what happened.
• A vehicle’s event data recorder (EDR) records speed, braking, and other information in the seconds leading up to a collision.
• Phone records can show that a driver was distracted by texting or using their smartphone before hitting a pedestrian.  
• Police reports offer a look into the details of officers’ observations, any witness statements they took, and other valuable information.
• Medical records provide documentation of your injuries, which is vital to establishing the severity of your injuries and how they have impacted your life.

Our Staten Island pedestrian accident lawyers use this evidence to build a clear narrative that protects your rights and counters blame-shifting tactics by insurers. 

Dealing with Insurance and the Claims Process

Navigating complex insurance claims is one of the most stressful parts of a personal injury case. Your Staten Island pedestrian accident attorney helps file your claim and handles all communications and negotiations so you and your family can focus on your recovery.

No-Fault Personal Injury Protection (PIP) Benefits 

When you’re hurt in an accident, medical bills can pile up quickly and cause additional stress at an already challenging time. If you carry auto insurance in New York, the Personal Injury Protection (PIP) on your own policy typically covers your medical expenses and a portion of lost wages, regardless of how a crash happened. You should inform your insurance company as soon as possible and file for PIP benefits within 30 days of the accident. 

Recovering Damages in Bodily Injury Claims

If your injuries meet the New York serious injury threshold, you can file a claim against the negligent driver’s insurance company for damages like pain and suffering. This requires proof of specific physical limitations, such as fractures, disfigurement, or significant loss of function. Our pedestrian accident attorneys in Staten Island gather the medical evidence needed to prove your injuries qualify under New York’s strict legal definitions.

Common Defense Arguments 

If an insurer asserts that you darted out into the street or that the accident was unavoidable for other reasons, our team knows how to counter these arguments. For example, if camera footage shows the driver had several seconds to see a pedestrian but failed to brake because they were distracted, the "unavoidable" defense doesn’t hold water. 

Timeline for Pedestrian Accident Claims in New York

Although some cases are settled in a few months, complex claims that involve catastrophic injuries or go to trial may take more than a year. Our personal injury lawyers are skilled negotiators and approach every case with patience, strength, and strategy. We work to settle your claim in a timely manner without compromising the full and fair amount of compensation you deserve. 

Why Choose Our Staten Island Pedestrian Accident Lawyers?

At Chelli & Bush, Attorneys at Law, we understand how local traffic laws and norms impact pedestrian accident claims in New York.

• Our team is familiar with roadways, driver behaviors, and court procedures unique to Staten Island, Brooklyn, and the greater New York City area.  
• Our personal injury law firm has the resources and resolve to take on large insurance companies while providing the personalized, compassionate representation our clients deserve.
• Our pedestrian accident lawyers work on a contingency fee basis, which means no upfront costs and we only get paid if we win your case.

Find a Pedestrian Accident Attorney Near You in Staten Island

If you are struggling with the aftermath of being hit by a car, Chelli & Bush, Attorneys at Law are here to take the legal burden off your shoulders. Contact us or call 718-987-8444 to schedule a free case review with a pedestrian accident lawyer near you in Staten Island, NY.

Frequently Asked Questions Pedestrian Accident Claims in NY

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

You generally have three years from the date of a car accident to file a personal injury claim in New York. However, cases involving city vehicles require a formal notice of claim within 90 days.

What does pure comparative negligence mean?

Unlike states where you must be less than 50% at fault to recover damages, New York law allows you to pursue compensation even if you’re primarily responsible for the accident.

Can I recover damages if the driver fled the scene?

If you’re the victim of a hit-and-run and the driver isn’t found, you may still be able to recover compensation through your own uninsured motorist coverage (UM) or the New York Motor Vehicle Accident Indemnification Corporation (MVAIC).