Pedestrian accident claims in Queens
A person on foot has no protection at all in a collision, which is why these cases so often involve fractures, head injuries and long recoveries. Queens has some of the widest and busiest arterial roads in the city, including Queens Boulevard, Northern Boulevard and Roosevelt Avenue, and crossings on them are where a great many of these collisions happen.
Our office is at 4740 21st Street, Suite 904, in Long Island City, and we represent people struck while walking anywhere in the borough, from Astoria and Long Island City to Flushing, Jamaica, Forest Hills and the Rockaways.
What New York traffic law says about pedestrians
Several provisions of the Vehicle and Traffic Law speak directly to drivers and people on foot. Under VTL §1151(a), when traffic-control signals are not in place or not in operation, the driver of a vehicle must yield the right of way, slowing down or stopping if need be, to a pedestrian crossing within a crosswalk on the roadway the vehicle is traveling.
VTL §1146(a) requires every driver to exercise due care to avoid colliding with any bicyclist or pedestrian on any roadway, and to sound the horn when necessary. The law also places duties on pedestrians: VTL §1151(b) says no pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle so close that it is impractical for the driver to yield.
How these rules apply depends on the facts of each collision, including the signal phase, where the person was crossing and what the driver could see. That is why the early evidence matters so much.
How New York's no-fault system affects your claim
New York is a no-fault state. Basic medical expenses and a portion of lost earnings are generally paid without regard to who caused the collision, up to the policy's basic limits. A pedestrian injured through the use or operation of a motor vehicle is a "covered person" under Insurance Law §5102(j), and Insurance Law §5103(a)(1) requires those first party benefits to be provided for persons other than occupants of another motor vehicle or a motorcycle. Which insurer pays depends on the circumstances, and the application deadlines are short.
The serious injury threshold
No-fault does not cover pain and suffering. To bring that claim against the driver, New York generally requires that the injury meet the serious injury threshold defined in Insurance Law §5102(d). That definition includes categories such as a fracture, significant disfigurement, permanent loss of use of a body organ or member, permanent consequential limitation of use, and significant limitation of use of a body function or system. New York has since removed the former 90/180-day category, so a temporary inability to perform your usual activities no longer qualifies on its own, and the threshold turns on objective medical evidence of a permanent or significant injury. That change applies to actions commenced on or after May 26, 2026, which is a question of when a case is filed rather than when the collision happened. An older collision that has not yet been filed is affected by it.
Whether an injury meets that threshold is one of the most contested issues in New York auto litigation, and it usually turns on the medical record, which is why what you do in the first weeks matters.
What to do after being struck
Get medical care first, and tell the treating provider about every symptom, including ones that seem minor at the time. Report the collision to the police so a report exists, and write down the driver's name, plate number and insurance information if you can. Photograph the scene, the signal, the crosswalk markings and your injuries. Keep every bill, record and note from your treatment, and do not give a recorded statement to the driver's insurer before you understand your rights.
The evidence that matters in a Queens pedestrian case
Camera footage from nearby businesses, buses and buildings can be some of the most useful evidence in these cases, and it can disappear quickly because many systems record over themselves. Witness names, the police report, signal timing and the medical records from the first visit onward all matter, as does a clear record of how the injury affects work and daily life.
What we do
We collect the police report, any available intersection or business camera footage, and the medical records, and we deal with the insurers so you are not doing it while you are hurt. We look for every source of coverage, including underinsured motorist coverage on a household policy, which people often do not realize they have.
Deadlines
Most personal injury actions in New York must be started within three years under CPLR 214. Shorter deadlines can apply. When a city agency, transit authority or other public entity is involved, General Municipal Law §50-e generally requires a notice of claim within ninety days after the claim arises, which matters in Queens because of the number of buses on these routes. No-fault applications have their own much shorter deadlines.
Where a Queens case is heard
A personal injury lawsuit venued in Queens is brought in the Supreme Court, Queens County. The court sits at 88-11 Sutphin Boulevard in Jamaica and also at 25-10 Court Square in Long Island City.
If you were driving rather than walking, our Queens car accident page covers that, and our Queens personal injury page lists every type of injury case we handle in the borough.
Frequently asked questions
Does no-fault cover me if I was walking?
Generally yes. A pedestrian injured through the use or operation of a motor vehicle is a covered person under Insurance Law §5102(j), and first party benefits generally pay basic medical expenses and part of lost earnings without regard to fault. Which insurer pays depends on the circumstances, and the application deadlines are short.
What is New York's serious injury threshold?
To sue for pain and suffering after a motor vehicle collision, the injury must meet the serious injury threshold in Insurance Law §5102(d), such as a fracture, significant disfigurement, or a permanent or significant limitation. The former 90/180-day category was removed for actions commenced on or after May 26, 2026, so the threshold turns on objective medical evidence. That date is about when a case is filed, not when the collision happened.
Does a driver have to yield to me in a crosswalk?
Under VTL §1151(a), where traffic-control signals are not in place or not in operation, a driver must yield to a pedestrian crossing within a crosswalk. VTL §1146(a) also requires every driver to exercise due care to avoid colliding with a pedestrian. How those rules apply depends on the facts of the collision.
What if a city bus was involved?
Claims involving a city agency or a transit authority generally require a notice of claim within ninety days after the claim arises under General Municipal Law §50-e, well before the ordinary three-year deadline, and missing it can end the claim.
How long do I have to file a pedestrian accident lawsuit in New York?
Most personal injury actions must be started within three years under CPLR 214. Claims against a public entity carry the shorter notice of claim requirement, and no-fault applications have their own short deadlines.
Where would my case be filed?
A lawsuit venued in Queens is brought in the Supreme Court, Queens County, which sits at 88-11 Sutphin Boulevard in Jamaica and at 25-10 Court Square in Long Island City.
