Pedestrian Accident Lawyer in Long Island, NY

Long Island pedestrian cases have a character of their own. Hempstead Turnpike, Sunrise Highway, Jericho Turnpike and Route 110 were designed around cars, not people — long blocks, few marked crossings, high posted speeds, and stretches with no sidewalk at all. Collisions there tend to be severe, and the defense argument is almost always the same: the pedestrian crossed where there was no crosswalk.

That argument is answerable, and how an attorney answers it is the thing to evaluate. Under VTL § 1146 a driver owes due care to every pedestrian regardless of where they are in the roadway, and New York applies pure comparative negligence (CPLR 1411) — even substantial fault on your part reduces the recovery rather than defeating it. Where there was no reasonable place to cross, the absence of pedestrian infrastructure itself becomes part of the case, potentially against the municipality or the State responsible for the road.

Practical points to raise at the first meeting:

• No-fault benefits come from the striking vehicle — Insurance Law § 5103, $50,000 of basic economic loss, with the NF-2 application due within 30 days.
• The serious injury threshold in § 5102(d) must be met for pain and suffering, so the medical documentation strategy starts immediately.
• Three years to sue a private driver (CPLR 214); two years for wrongful death.
• A claim against Nassau County, Suffolk County, a town, a village or the State requires a notice of claim within 90 days and suit within one year and 90 days; a claim against the State proceeds in the Court of Claims on its own schedule.
• Cases are filed in Supreme Court, Nassau County (Mineola) or Supreme Court, Suffolk County (Riverhead).

Ask specifically whether the attorney will retain a reconstruction expert to establish vehicle speed and sight distance. On roads like these, speed is usually the whole case. General information, not legal advice.

There is no retainer to pay and no hourly rate. New York injury attorneys take these cases on contingency — a percentage of the recovery, nothing if there is none. One-third of the net recovery is the customary arrangement in New York personal injury matters.

What shifts the final figure:

• Settlement timing — pre-suit, in discovery, or after trial begins
• Case expenses: accident reconstruction, human factors and sight-distance experts, life care planning in catastrophic cases, medical narratives, transcripts, filing fees
• Whether expenses are deducted before or after the fee is calculated — ask, and get the answer in the retainer
• Liens to no-fault, health insurance, Medicare or Medicaid
• The driver's policy limits and whether a SUM claim is required
• Whether a municipal or State defendant is involved

Where a child is injured, the settlement and the fee both require court approval. Our consultation and referral are free.

Because suburban pedestrian cases are defended aggressively on the "no crosswalk" theory, and beating it takes reconstruction evidence gathered while the scene is still fresh.

• Free consultation; the referral 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 Nassau and Suffolk.
• Continued involvement after the introduction.

Attorneys in Michael Brook's network consistently stress one step on Long Island: photograph the roadway before anything changes — lighting, sight lines, the distance to the nearest marked crossing — because those photographs answer the comparative fault argument better than any testimony.

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.