Pedestrian Accident Lawyer in Bronx, NY

Start with a question most people never think to ask: who pays the hospital bill? In New York a pedestrian struck by a car is covered by the striking vehicle's no-fault policy, not their own — Insurance Law § 5103 provides $50,000 in basic economic loss benefits for medical treatment and lost earnings. The application (Form NF-2) has to reach that insurer within 30 days of the accident. Miss it and the benefit can be denied outright, which is why the first days matter more than most people realize.

The Bronx adds its own layer. Grand Concourse, Fordham Road, Bruckner Boulevard and Southern Boulevard carry heavy traffic across wide intersections, and a large share of serious pedestrian cases here involve turning vehicles. Two local rules do real work in these claims:

• VTL § 1151 — a driver must yield to a pedestrian crossing within a crosswalk.
• NYC Administrative Code § 19-190, the Right of Way Law — striking a pedestrian who has the right of way is a violation in its own right, and a summons issued under it is useful evidence of negligence.

Cases are filed in Supreme Court, Bronx County, 851 Grand Concourse. The deadline is three years from the accident under CPLR 214, two years for wrongful death. If a City vehicle, a bus, or a defective crosswalk is involved, the timetable collapses: a notice of claim within 90 days under General Municipal Law § 50-e, a possible § 50-h examination, and suit within one year and 90 days.

When you interview an attorney, ask how they intend to prove the serious injury threshold in Insurance Law § 5102(d) — without it, there is no pain and suffering recovery. Ask whether they will pull the intersection's traffic signal timing and any nearby camera footage before it is overwritten. And do not be discouraged by an officer's note suggesting you crossed mid-block: New York follows pure comparative negligence (CPLR 1411), so partial fault reduces a recovery, it does not eliminate it. General information, not legal advice.

Nothing upfront. New York injury attorneys work on a contingency fee — they are paid a percentage of what they recover, and nothing at all if there is no recovery. One-third of the net recovery is the customary arrangement in New York personal injury matters, set out in a written retainer.

What actually changes the number in your pocket:

• Whether the case resolves before suit, during discovery, or at trial
• Case expenses — expert accident reconstruction, medical narratives, deposition transcripts, index and filing fees — and whether they come off the top before the fee is calculated or after
• Liens repaid at the end: no-fault, health insurance, Medicare or Medicaid
• Whether the driver carried the New York minimum of $25,000 per person, which often pushes the case into a Supplementary Uninsured/Underinsured Motorist (SUM) claim
• Whether a municipal defendant is involved, which adds the notice of claim and § 50-h steps

Settlements for a child require court approval of both the settlement and the fee, and infant's compromise practice in Bronx County has its own procedure. Our consultation and referral cost you nothing at any stage.

Because a pedestrian case is won or lost on evidence that disappears fast — signal timing, bus and store camera footage, the vehicle's damage pattern — and on paperwork with a 30-day clock attached.

• Free consultation; the referral itself costs you nothing.
• Available 24/7 at (800) 669-0060.
• English, Spanish, and Russian.
• Over 30 years of matching injured people with attorneys across New York and New Jersey.
• Local case experience in Bronx County.
• Continued involvement after the introduction, not a name and a phone number.

Attorneys in Michael Brook's network raise the same point in nearly every pedestrian consultation: file the no-fault application immediately, even before liability is sorted out, because that $50,000 is the difference between treating the injury properly and treating it late.

Disclaimer: Michael Brook Attorney Referral is not a law firm and provides no legal representation or legal advice. This is general information and does not replace advice from a licensed attorney about your specific situation. No result is guaranteed.