Pedestrian Accident Lawyer New York, NY
New York City streets are among the busiest in the country, and pedestrian accidents—whether in Midtown, Lower Manhattan, or near the West Side Highway—can leave victims with serious injuries, mounting medical bills, and lost income. If you were struck by a vehicle while walking or crossing a street in New York County, you may be entitled to compensation for your injuries under New York law. The firm concentrates its practice on representing injured pedestrians in personal injury claims, including those against drivers, rideshare operators, and commercial vehicle companies. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has handled personal injury matters since founding the firm in 1997, and he and his team bring over 120 years of combined legal experience and 4,739+ documented firm-wide results to each case. Results may vary. Because New York applies a pure comparative fault rule, your recovery is reduced only by your own percentage of fault—but insurance companies often push to maximize that percentage. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 to schedule a consultation about your pedestrian accident claim. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Pedestrian Accident Means in New York, NY
In New York City, a pedestrian accident typically involves a person on foot being struck by a motor vehicle—whether a private car, taxi, bus, or commercial truck—at an intersection, mid-block, or in a crosswalk. New York County Supreme Court, located at 60 Centre Street in Manhattan, is the trial court where most pedestrian injury lawsuits are filed. The legal framework for these cases is built on New York Civil Practice Law and Rules (CPLR) Article 14‑A, which sets the state’s pure comparative fault standard, and Insurance Law § 5102, which defines the “serious injury” threshold for non‑economic loss recovery in motor‑vehicle‑related claims. Pedestrians in Manhattan, Brooklyn, Queens, and other boroughs face distinct risks from dense traffic, active turning vehicles, and unprotected crosswalks, all of which demand an attorney who understands how New York courts apply these statutes to real‑world accident scenarios.
Because New York follows a pure comparative fault model, an injured pedestrian can recover damages even if found partially at fault—for example, for crossing outside a marked crosswalk. However, the amount of recovery is reduced in proportion to the pedestrian’s share of fault. For a claim against a private vehicle operator, the plaintiff must also show that the injury meets the serious injury threshold, which generally means a significant limitation of a body function, permanent consequential limitation, or a fracture. The firm’s New York location, though physically based in Buffalo, serves clients throughout the state, and Mr. Sris appears in New York County courts to litigate these matters. The court’s procedure involves filing a summons and complaint, engaging in preliminary and compliance conferences, and ultimately proceeding to trial if a settlement is not reached. Successfully navigating these steps requires a thorough investigation, often with the assistance of accident reconstruction professionals, medical documentation, and careful preparation of the Note of Issue to place the case on the trial calendar.
How Mr. Sris and His Team Handle Pedestrian Accident Cases
Mr. Sris and his team take a measured approach to each pedestrian accident case. The process begins with a comprehensive review of the accident report, witness statements, traffic camera footage, and medical records. Because New York’s no‑fault insurance system requires an injured person to first file a claim with their own auto insurer—or, if they have none, with the insurer of the vehicle that struck them—the team works to ensure that no‑fault benefits for medical expenses and lost earnings are secured promptly. At the same time, they evaluate whether the injuries meet the serious injury threshold so that a third‑party liability claim for pain and suffering can be pursued against the at‑fault driver. The firm’s team, all of whom are neutral professionals engaged through Excella, assist Mr. Sris in developing the factual record: gathering surveillance video, consulting with accident reconstruction attorneys, and analyzing the physics of the collision to determine fault.
Once the evidence is assembled, Mr. Sris and his team prepare the case for either settlement negotiations or trial in New York County Supreme Court. They routinely present the economic damages—past and future medical costs, lost wages, and diminished earning capacity—alongside non‑economic losses supported by medical expert testimony. Because New York does not cap compensatory damages in most personal injury cases, the goal is to recover the full measure of the client’s losses. Every step, from drafting the complaint to taking depositions, is handled with an eye toward presenting a clear, evidence‑backed narrative to the court or insurance adjuster. Throughout the process, the client is kept informed, and no settlement offer is accepted without the client’s approval. To discuss your pedestrian accident matter, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
About Mr. Sris and His Team
Mr. Sris founded Law Offices Of SRIS, P.C. in 1997 after serving as a former prosecutor. His multi‑state practice—admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York—enables the firm to handle complex personal injury claims that cross jurisdictional lines. Over the years Mr. Sris has testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Although that legislative work was in Virginia, the same analytical rigor he brings to statutory interpretation carries through to his New York pedestrian accident cases. Mr. Sris keeps a manageable caseload so that each client receives focused attention, and he works collaboratively with the firm’s experienced attorneys, all of whom have well over a decade of practice.
Mr. Sris and his team bring over 120 years of combined legal experience and 4,739+ documented firm-wide results to personal injury cases across the New York metropolitan area. Results may vary. The team’s collective background includes extensive trial work, a former Maryland Assistant State’s Attorney, and a former Virginia State Trooper, whose investigative perspective informs accident reconstruction analysis. While the firm does not guarantee any particular result—prior outcomes do not guarantee a similar outcome in your matter—its attorneys work diligently to pursue the compensation you deserve. Every case depends on its unique facts.
Frequently Asked Questions
What should I do after a pedestrian accident in New York?
Seek medical attention right away, call 911 to report the accident, and collect contact information from witnesses and the driver. Your health is the immediate priority, and a prompt medical record ties your injuries to the accident. In New York, you must file a no‑fault insurance claim within 30 days, so notify the appropriate insurer quickly. Take photos of the scene, the vehicle, and your injuries if possible. Avoid speaking with insurance adjusters before consulting an attorney. Law Offices Of SRIS, P.C. can help you navigate the claims process—reach us at (888) 437-7747.
Who is liable for a pedestrian accident in New York County?
Liability generally falls on the driver whose negligence caused the collision, though the pedestrian’s own conduct may reduce the recovery under New York’s pure comparative fault rule. New York courts examine factors such as whether the driver was speeding, distracted, or failed to yield to a pedestrian in a crosswalk. If the pedestrian was crossing against a signal or mid‑block outside a crosswalk, a jury may assign a percentage of fault to the pedestrian, which proportionally reduces the damages award. In cases involving commercial vehicles, the employer or owner may also share liability. An experienced attorney at Law Offices Of SRIS, P.C. can investigate all responsible parties and build the strongest possible claim for you.
How long do I have to file a pedestrian accident lawsuit in New York?
You must file a personal injury lawsuit arising from a pedestrian accident within three years of the date of injury under N.Y. C.P.L.R. § 214(5). If the accident caused a death, the wrongful death action must be filed within two years. Missing the statute of limitations will likely bar your claim entirely. In addition, if the claim is against a governmental entity—such as the City of New York—a Notice of Claim must be served within 90 days. Because the timeline can be unforgiving, it is advisable to contact an attorney soon after the accident. Law Offices Of SRIS, P.C. can help you understand the applicable deadlines and take timely legal action.
What kinds of damages can I recover for a pedestrian accident?
You may recover economic damages such as medical bills and lost wages, and non‑economic damages for pain and suffering if your injuries meet New York’s serious injury threshold. Economic damages include the cost of past and future medical treatment, rehabilitation, and any lost earning capacity. To recover for pain and suffering, the injury must qualify as “serious” under Insurance Law § 5102—examples include a fracture, significant disfigurement, or a permanent limitation of a body organ or member. There is no statutory cap on compensatory damages in most pedestrian injury cases, so the potential recovery is tied to the severity of your injuries and the strength of the evidence. The attorneys at Law Offices Of SRIS, P.C. will work to document your losses thoroughly.
Can I still recover if I was jaywalking or partly at fault?
Yes, because New York uses a pure comparative fault system, you can recover damages even if you were partly at fault, though your recovery will be reduced by your percentage of fault. For example, if you are found 30 percent at fault for crossing outside a crosswalk, you would still recover 70 percent of your total damages. This is significantly more favorable than the contributory negligence rule in some other states, which would bar recovery entirely for any shared fault. Insurance companies, however, often attempt to shift a large portion of blame onto the pedestrian, making it crucial to have counsel who can present the full factual picture. Mr. Sris and his team have extensive experience handling comparative fault issues in New York courts.
Do I need a lawyer for a pedestrian accident claim in New York?
You are not legally required to hire a lawyer, but navigating the no‑fault insurance process and proving a serious injury for a lawsuit are complex tasks that insurance adjusters are trained to exploit. A pedestrian accident law firm can gather essential evidence—police reports, surveillance video, witness interviews—and consult with medical and accident reconstruction attorneys to build your case. Law Offices Of SRIS, P.C. represents clients in Manhattan, Brooklyn, Queens, and surrounding areas, and we handle cases on a contingency fee basis: no attorney’s fees unless a recovery is obtained. To speak with Mr. Sris about your situation, contact the firm at (888) 437-7747.
Outbound primary‑source authority: New York County Supreme Court | New York State Courts | N.Y. C.P.L.R. § 214
Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case.