Bronx Pedestrian Accident Attorney

Content Legally Reviewed by:
Lever & Ecker, PLLC

Drivers have a duty to watch for pedestrians, and New York City has a duty to provide safe walking areas. When you are injured because of someone else’s carelessness, you can count on our knowledgeable Bronx pedestrian accident lawyers to aggressively pursue the compensation you deserve. Call us today at (718) 933-3632 or complete our contact form to schedule your free case review.

A Small Law Firm With Big Firm Results

Our skilled attorneys have more than 70 years of combined experience helping injured pedestrians get justice. We have won hundreds of millions of dollars in compensation for our injured clients, including numerous pedestrian accident case results in the millions:

We understand what it is like to be injured in a serious accident. Senior partner David B. Lever was once seriously injured in a motorcycle accident himself, and he experienced the same uncertainties on the path toward recovery that you may be suffering. Because of his experience, he is deeply committed to ensuring accident victims have excellent legal representation in their hour of need. Our firm is standing by to provide compassionate support to you and your family during this difficult time.

Do I Have Grounds To File a Pedestrian Knockdown Claim in The Bronx?

A pedestrian knockdown is an accident in which a vehicle hits a pedestrian. Most personal injury cases, including those involving pedestrians, are based on the legal theory of negligence, which requires proving four elements:

  1. A driver owed you a duty of care. Under New York law, “every driver of a vehicle shall exercise due care to avoid colliding with any . . . pedestrian . . . and shall give warning by sounding the horn when necessary.”
  2. The driver breached the duty of care. A driver can breach the duty of care they owe to you by not paying attention, violating traffic laws, speeding, or otherwise behaving irresponsibly on the road.
  3. You suffered an injury. Pedestrian accidents can result in serious injuries because victims are normally completely exposed to the full force of a collision.
  4. The breach of duty caused your injuries. The driver’s breach was the actual and proximate cause of your injuries and losses.

The best way to know for sure whether you qualify to file a pedestrian accident lawsuit is to consult a reputable Bronx personal injury lawyer. We are standing by to listen to your story and make sure you know your legal rights and options.

How Much Is My Bronx Pedestrian Knockdown Case Worth?

The damages available for a pedestrian accident may be substantial and include economic, non-economic, and punitive damages.

Economic Damages

Economic damages compensate for financial losses, such as past and future medical expenses and lost wages. If your loved one was killed in a pedestrian knockdown, you may also be entitled to pursue damages for funeral expenses, the loss of your loved one’s income and financial contributions to the family, and your loved one’s medical expenses in a wrongful death claim.

Non-economic Damages

Non-economic damages are compensation for intangible losses, such as pain and suffering. Accident victims may pursue these damages alongside economic damages. Though New York law prevents families from recovering compensation for their own grief and suffering in wrongful death claims, they may be entitled to compensation for their loved one’s pain and suffering prior to death.

Punitive Damages

Punitive damages may be available in rarer cases when the defendant’s conduct was outrageous or intentional. Unlike compensatory damages, punitive damages are meant to punish defendants and deter similar behavior in the future.

What If I Am Partly Responsible for the Pedestrian Knockdown?

If you are partially at fault for the accident, your compensation will be reduced by your share of fault. For example, if you are 25 percent at fault and your total damages are $1 million, your compensation will be reduced by $250,000 to $750,000. Unlike many other states, New York’s contributory negligence law allows you to receive compensation even if you are partially responsible for your accident (and even if you are more than 50 percent responsible). However, your damages will be reduced in proportion to your degree of fault.

Insurance companies have a vested interest in blaming you for the accident, so you should not trust their findings without consulting with an attorney. Our pedestrian accident lawyers will perform a thorough investigation to identify the true causes of your accident and protect your rights.

Pedestrian Laws that Could Impact Your Compensation

Pedestrians are required to follow traffic regulations, such as obeying stop signs and traffic signals:
  • Pedestrians must not walk on roadways when a sidewalk is available.
  • In the absence of a sidewalk, pedestrians must walk along the side of the roadway facing traffic.
  • Pedestrians may not cross streets diagonally except when official signals allow it.
  • Pedestrians have the right-of-way when using crosswalks but must yield to cars when crossing outside of crosswalks.
  • Pedestrians are prohibited from suddenly stepping out in front of cars when it is impractical for the drivers to stop, even in crosswalks.
If you were violating a pedestrian law when you were struck by a car, your conduct does not necessarily prevent you from recovering compensation. First, under New York’s no-fault laws, you will still be entitled to the payment of medical expenses and certain lost wages, regardless of who was at fault for the accident. You may also be able to recover compensation through the insurance liability policy in place on the vehicle, if your injuries were serious enough. However, under New York’s comparative negligence law, your compensation will be reduced in proportion to your degree of fault, as described above.

When Should I Contact a Pedestrian Accident Lawyer in the Bronx?

Contact a reputable pedestrian accident lawyer as soon as possible after your accident. The New York personal injury statutes of limitations imposes strict deadlines on pedestrian accident claims. Filing deadlines by case type break down as follows:  

  • Personal injury claims (non-municipal) – Three years from the date of the accident
  • Wrongful death claims – Two years from the date of death
  • Personal injury claims against state and municipalities – Ninety days to file a Notice of Claim and one year and ninety days to file a lawsuit

Before filing your lawsuit, your attorney will need to complete an investigation, review your medical records, investigate the governing law, and potentially coordinate with forensic and medical experts, so it is crucial that you not wait too long to reach out. If you miss the correct filing deadline, your opportunity to recover compensation will be forever lost.

How Can a Bronx Pedestrian Accident Attorney Help?

When you choose our skilled pedestrian accident attorneys, we will do the leg work so you can focus on your medical treatment. We are a full-service law firm with deep roots in the Bronx. Our approach is simple: We listen to you, guide you, and help you with what needs to be done today. When you work with our dedicated attorneys, we will:

  • Perform a comprehensive forensic investigation to prove all of the elements of negligence were present and potentially clear you of blame.
  • Deal with the insurance company for you.
  • Stay in touch with you about your case.
  • Help you find a doctor if you do not know where to go.
  • Consult with medical and financial experts.
  • Calculate your damages.
  • File your lawsuit before the deadline.
  • Aggressively negotiate a settlement and refuse to accept less than full and fair compensation.
  • Skillfully fight for you in court should a trial become necessary.

Evidence in a Pedestrian Accident Claim

Evidence in a pedestrian accident case may include video surveillance, photographs, skid marks, vehicle damage, eyewitness testimony, and more. We will gather all available evidence in your case. Your job is to complete your medical treatment and let us handle the rest.

No Upfront Fees

We charge no upfront fees for our services. Our final fee will be a percentage of the compensation we recover for you, which will be disclosed to you at the very beginning of our representation of you. We only charge fees if we win.

How We Secured a Life-Changing Settlement for Our Client: a Case Study

Our client, a lawful pedestrian, was struck by an SUV while crossing Third Avenue in the Bronx, with a green light and walk sign in her favor. She was struck just steps outside of the crosswalk as the defendant was making a left turn onto Third Avenue. Prior to the collision, the defendant driver was stopped at the traffic light waiting to turn left onto Third Avenue. Despite having an unobstructed view to see any pedestrians, the defendant driver testified that she had no knowledge of whether plaintiff was in the crosswalk because she did not see the plaintiff at any point prior to the moment of the collision. Furthermore, the defendant driver claimed that her vision was impaired by sun glare and therefore she was unable to clearly see what was directly in front of her. After we filed a motion to hold the defendant driver responsible for the accident, the New York State Supreme Court, County of Bronx, determined that the defendant driver was indeed responsible, in violation of New York Vehicle and Traffic Law Section 1163[a], because she admitted that she made the left turn despite the existence of sun glare, and offered no testimony establishing that she ensured that her turn could be made with reasonable safety.

As a result of being struck by the car, our client’s foot was trapped under the car. She was taken by ambulance to the hospital where she was told that she sustained a severe crush injury and she had comminuted and displaced fractures of her ankle. She eventually required surgery on two occasions, including a fusion of the bones to correct a deformity which formed because of the fractures. Even after her surgeries, our client was left with a severe, permanent disability and will have to live with pain and nerve damage for the rest of her life.

After extensive litigation and negotiations, this matter was settled prior to trial for $4 million.

Pedestrian Accidents Are a Serious Problem in the Bronx

An average of 200 pedestrians are killed or severely injured in the Bronx every year. In February of 2024 alone, 112 pedestrians were injured and one was killed. As many as 30 percent of pedestrian accidents in the Bronx are hit-and-run accidents. 

Senior citizens represent 12 percent of the Bronx’s population but 36 percent of pedestrian deaths. This could be due to seniors needing more time to cross the street, having slower reflexes when an out-of-control vehicle comes at them, and being more physically vulnerable if they are hit.

The pedestrian accident statistics in the table below demonstrate that compared to New York City as a whole, Bronx pedestrian accidents are more likely to occur at night and be caused by careless drivers.

Pedestrian Accident TypeThe BronxNYC
Overnight pedestrian fatalities31%21%
Fatalities of adults ages 18-2918%10%
Fatalities caused by dangerous driving85%69%
Speeding-related fatalities11%6%
Fatalities with passenger vehicle involvement75%68%
Fatalities while the pedestrian was crossing illegally13%23%

How Do Bronx Pedestrian Accidents Happen?

Most pedestrian accidents in the Bronx are caused by drivers speeding or failing to yield. Other common causes of pedestrian accidents in the Bronx include distracted driving, road rage, failure to obey traffic controls, and driving under the influence of drugs or alcohol.

In September of 2023, a 67-year-old Bronx pedestrian was killed in Castle Hill when an impaired driver struck him while he was crossing the street. The driver was high on marijuana and opiates. A few years earlier in 2019, another pedestrian was killed in a hit-and-run collision with a school bus just a block away.

The statistics make it clear that the overwhelming majority of Bronx pedestrian accident victims were struck while crossing legally.

Bronx Infrastructure and Pedestrian Accidents

Poor infrastructure also contributes to pedestrian knockdowns. Many Bronx streets are narrow and littered, giving pedestrians little room to walk. Many intersections are too wide or complex due to multiple converging streets. Crossing signals are often too short to give pedestrians time to cross safely, especially those who are elderly or disabled.

In the area known as “the Hub” in the South Bronx, officials rerouted traffic and added a new crosswalk, bicycle lanes, and a pedestrian island. These measures brought about a 31 percent reduction in collisions, demonstrating that the design of intersections can cause or prevent pedestrian accidents.

Our highly experienced pedestrian attorneys are familiar with the specific dangers pedestrians face while walking in the Bronx. We know what it takes to hold New York City liable when it fails to provide safe walking infrastructure.

Where Do Bronx Pedestrian Accidents Occur?

Most pedestrian accidents occur in the northwest and southwest Bronx around the most densely populated areas of Mott Haven and Fordham. The intersections below have the highest incidences of death and serious injury:

  • Sedgwick Avenue and West Fordham Road
  • Bruckner Boulevard and East 138 Street
  • Park Avenue and East 149 Street
  • Jerome Avenue and East Burnside Avenue
  • University Avenue and West Kingsbridge Road

Seven corridors in the Bronx saw more than 10 pedestrian deaths per mile from 2017 to 2021, as shown in the chart below:

pedestrian deaths per mile from 2017 to 2021

The neighborhoods south of the Cross Bronx Expressway have the highest rates of pedestrian accidents overall. In addition to being 70 percent Hispanic and Latinx, this area also has the lowest median income in the Bronx at $25,000 annually. This raises concerns that New York City places a low priority on the safety of underrepresented populations with fewer transportation options.

Our compassionate pedestrian accident attorneys in the Bronx are dedicated to holding the government actors accountable for failing to provide safe walking areas in all neighborhoods.

Contact Us to Schedule Your Free Pedestrian Accident Case Review

Insurance companies and government entities use their wealth and resources to shortchange injured accident victims out of the full and fair compensation they deserve. They refuse to play fair because they only care about their bottom line. When you have our award-winning Bronx pedestrian accident lawyers on your side, we will level the playing field and fight the battle for you. Contact us online today or call us at (929) 209-4397 to schedule a free case evaluation.