A New York pedestrian accident lawyer represents injured pedestrians who were struck by vehicles in cities, towns, and rural roads across the state. Stanley Law Offices has helped thousands of pedestrians recover medical expenses, lost income, and compensation for pain and suffering in Upstate New York.
We handle crosswalk injuries, roadside impacts, parking lot collisions, and highway pedestrian cases. Our attorneys act quickly – filing claims, preserving evidence, and holding drivers or property owners legally responsible.
Our law firm boasts over 90 years of combined experience in pedestrian injury law, serving clients across Syracuse, Rochester, Binghamton, and nearby counties. From the initial call to final settlement, we build local, evidence-based claims with one goal: maximum compensation.
Call today for a free consultation. No fees unless we win your case.
What Counts as a Pedestrian Accident in New York?
A pedestrian accident in New York is any incident where a person on foot is struck by a moving vehicle, bike, or electric device on or near a roadway. These collisions can happen in cities, towns, and rural areas, regardless of who had the right of way.
Most pedestrian accidents in Upstate NY involve:
- Crosswalk collisions occur when a driver fails to stop for someone walking across the street in places like Syracuse or Binghamton.
Parking lot impacts occur when a vehicle strikes a pedestrian near stores, medical offices, or apartment complexes. - Roadside or rural shoulder crashes occur where visibility is limited and walkways are missing, such as in Cortland or Chenango County.
- Crosswalk collisions occur when a driver fails to stop for someone walking across the street in places like Syracuse or Binghamton.
Parking lot impacts occur when a vehicle strikes a pedestrian near stores, medical offices, or apartment complexes. - Roadside or rural shoulder crashes occur where visibility is limited and walkways are missing, such as in Cortland or Chenango County.
- Driveway or private road accidents, including backover incidents or low-speed impacts in residential zones.
Under Vehicle and Traffic Law § 1146, a driver must exercise due care to avoid hitting pedestrians. Even if the victim was not in a crosswalk, they can still file a claim if the driver was negligent.
Pedestrian Accident Statistics in Upstate New York
More than 15,000 pedestrians are injured in traffic accidents across New York each year, and hundreds of these injuries occur in Upstate counties. According to the NYS Department of Health, pedestrian accidents rank among the top 10 causes of injury-related hospitalizations and fatalities statewide.
The following counties report some of the highest pedestrian accident rates in Upstate NY:
- Monroe County: Over 300 pedestrian crashes annually in the Rochester area.
- Onondaga County: More than 250 pedestrian injuries reported in 2023 in Syracuse.
- Broome & Oneida Counties: Frequent parking lot and roadside pedestrian injuries, often involving elderly victims.
Severe injuries usually involve head trauma, broken bones, or internal bleeding. Nearly 30% of serious pedestrian accidents in Upstate NY occur at night or during poor weather conditions.
Unique Pedestrian Dangers in Upstate Cities and Rural Areas
Pedestrian accident risks in Upstate New York increase due to snow, poor lighting, rural road design, and the absence of sidewalks. Unlike larger cities, many towns and counties lack infrastructure to protect walkers in everyday environments.
These are the most common pedestrian hazards in Upstate NY:
Winter Road Conditions and Snow Obstructions
Snowbanks, black ice, and delayed sidewalk clearing make walking dangerous between November and March. In towns like Auburn and Cortland, unplowed walkways often force pedestrians into the road. Drivers skid or fail to see pedestrians due to poor visibility.
Parking Lot Accidents
Retail plazas and medical center parking lots often lack lane markings, lighting, or speed control. In Syracuse, Rome, and Elmira, pedestrians are hit when drivers reverse without warning or speed through darkened lots.
Highway and Roadside Pedestrian Injuries
High-speed roads without sidewalks expose walkers to serious risk. Pedestrians are frequently hit on Route 11, Route 13, and I-81 shoulders while walking to homes, jobs, or waiting for roadside help.
Who Can Be Held Responsible for Your Injuries?
Liability in a pedestrian accident is assigned to the party that failed to meet a legal duty of care. In Upstate New York, several individuals or entities may share legal responsibility depending on how and where the injury occurred.
These parties can be held liable for pedestrian injuries:
Negligent Drivers
A driver is liable if they failed to yield, drove distracted, or violated traffic laws. Under New York VTL § 1146, motorists must exercise due care to avoid hitting pedestrians. Common driver errors include texting, speeding, ignoring signals, or making unsafe turns.
Local Townships and Maintenance Crews
Cities, towns, and counties may be liable for unsafe crosswalks, broken signals, or unplowed sidewalks. In Upstate New York, these claims require filing a Notice of Claim within 90 days of the accident.
Commercial Property Owners
Commercial property owners can be held liable if unsafe walkways, poor lighting, or untreated ice caused your injury. This includes accidents in parking lots, apartment complexes, or retail entrances under New York premises liability laws.
If someone else’s negligence caused your injuries, you may have a right to compensation. Call us today to discuss your case and understand your legal options, before time runs out.
Understanding Comparative Negligence in New York
New York uses a pure comparative negligence rule, which means you can still recover money even if you were partly at fault. Your compensation is reduced by your percentage of fault, but not eliminated.
Example:
- You are found 20% responsible
- The driver is found 80% responsible
- You recover 80% of your total damages
- If your total damages are $100,000, you receive $80,000
Comparative negligence is often used by insurance companies in Upstate New York to reduce payouts. They may argue that you crossed outside the crosswalk, wore dark clothes, or stepped into traffic without looking, even when the driver was clearly negligent.
Even if you’re partially at fault, the driver is still legally responsible for exercising caution. Our NY personal injury attorneys are here to protect your rights and fight for the compensation you deserve. Call now for a free consultation.
What to Do After a Pedestrian Accident in Upstate NY?
If you’ve been hit as a pedestrian, the steps you take immediately afterward can significantly impact your health, your legal rights, and your ability to recover compensation. You must act quickly and document everything.
Follow these five steps:
- Call 911 immediately. Request police and medical assistance, even if your injuries seem minor.
- File a police report. In towns like Cortland, Madison, or Tompkins County, this report documents driver behavior and witness accounts—critical evidence for your claim.
- Seek medical attention the same day. Visit the ER or urgent care. Document all symptoms and follow up with your primary doctor.
- Collect scene evidence if you’re able. Take photos, get witness names, and note conditions like lighting or snow coverage.
- Contact a local pedestrian accident lawyer. Early legal support improves your chances of recovering full compensation.
Delays can weaken your case. Call our Upstate NY pedestrian accident legal team today. We take no fees until you win!
How Much Is Your Pedestrian Injury Claim Worth?
Pedestrian accident settlements in Upstate New York typically range from $10,000 to several million dollars, depending on the severity of your injuries and who is legally responsible. Most claims fall within three categories based on medical impact and recovery time.
Estimated settlement ranges by injury type:
Minor injuries – $10,000 to $75,000
Soft tissue damage, sprains, or minor fractures typically result in lower settlements when recovery is fast and medical costs are limited.
Moderate injuries – $75,000 to $500,000
Broken bones, concussions, or prolonged medical treatment can significantly increase claim value, especially if time off work is involved.
Severe injuries – $500,000 to several million dollars
Cases involving traumatic brain injuries, spinal cord damage, or amputations usually result in the highest payouts due to long-term care needs and permanent disability.
Upstate NY settlements in counties like Onondaga, Monroe, Broome, and Tompkins often reflect these patterns. Claims involving commercial insurance or government negligence tend to produce higher compensation.
Compensation You May Be Entitled To
Pedestrian accident victims in Upstate New York can recover compensation for medical bills, lost wages, and personal suffering. These fall into three main damage categories under New York personal injury law. Compensation types include:
Medical Costs and Ongoing Treatment
You can recover the full cost of medical care caused by the accident. This includes ER visits, hospital stays, surgeries, prescriptions, physical therapy, and ongoing rehabilitation. Future needs like spinal injections or in-home care are added to the claim total.
Lost Income
If your injury caused missed work or reduced earning ability, you can claim income losses. This applies to hourly workers, salaried employees, and self-employed individuals across Upstate NY. Long-term wage loss or job changes increase your damages.
Pain and Suffering
These non-economic damages include physical pain, emotional trauma, and reduced quality of life. Common symptoms include PTSD, disfigurement, loss of independence, and daily limitations like walking with pain.
Deadlines for Filing a Pedestrian Accident Claim in NY
New York law sets strict time limits for filing pedestrian injury claims. Missing a deadline can permanently block your right to compensation. The deadline depends on who you are suing.
Key claim deadlines:
Standard Injury Claims (3 Years)
You have three years from the date of the accident to sue a private party. This includes drivers, business owners, or other individuals responsible for your injuries.
Example:
Injured on July 15, 2022 → Must file by July 15, 2025
Municipal Claims (90-Day Notice of Claim)
You must file a Notice of Claim within 90 days if suing a city, town, or county. This includes accidents caused by broken crosswalk signals, unplowed sidewalks, or public vehicles.
- Malfunctioning traffic signals
- Poorly maintained sidewalks
- Delayed snow removal by town crews
- Bus or government vehicle collisions
Failing to submit the Notice of Claim within 90 days makes you ineligible to sue that municipality, even if you had a strong case. Therefore, consult with an experienced lawyer for pedestrian accident injuries as soon as possible.
Understanding Comparative Negligence
Even if you believe you were partly at fault, you should still file within the deadline. Comparative negligence reduces your compensation—it does not prevent you from filing. Legal consultation should occur well before the deadline to allow time for investigation and evidence collection.
Why Hire a Local Pedestrian Lawyer in Upstate NY
A local pedestrian accident lawyer understands your roads, your courts, and your county laws. Upstate New York cities and towns have unique infrastructure challenges – missing sidewalks, icy shoulders, and outdated traffic controls that downstate attorneys may overlook.
Local knowledge helps your case in three key ways:
Investigating Your Case
Our team visits the scene, gathers video, and reviews public records. We know how to secure evidence fast in cities like Syracuse, Rome, and Binghamton.
Dealing With Insurance Companies
Insurance companies in Upstate NY often downplay rural claims. We use regional case history and medical records to demand full value.
Representing You in Court
Our attorneys appear regularly in courts across Onondaga, Broome, Monroe, and Tompkins Counties. Judges know our name. Opposing lawyers know we’re prepared.
Hire a local firm that knows your roads, understands your risks, and is familiar with your local laws and regulations. Contact Stanley Law Offices today to schedule a free consultation.
Areas We Serve
Our pedestrian accident lawyers serve injured clients across Upstate New York with a fast, local response from six regional offices. We work where you live, commute, and walk—because pedestrian safety is different in every county.
We represent clients in the following Upstate New York & Northern Pennsylvania locations:
Syracuse
Rochester
Watertown
Oneonta
Binghamton
Montrose
Schedule a Free Legal Consultation with Our NY Pedestrian Accident Lawyers
Speak directly with an experienced pedestrian accident lawyer in Upstate New York at no cost. We’ll review your case, explain your rights, and help you understand your next legal step.
Your free consultation includes:
- Personal case review by a pedestrian injury attorney
- Clear explanation of New York personal injury law
- Zero fees unless we recover compensation for you
Strict deadlines apply, especially for municipal claims. Don’t wait to get legal guidance.
Call now or fill out our contact form to schedule your free consultation. Your recovery starts with the right legal support from our attorney, Jeremy Winter, and our legal team.
FAQs About Pedestrian Accidents in New York?
What are the common causes of pedestrian accidents in New York?
Can I sue the driver if I was hit while jaywalking?
Yes. You can still sue under New York’s comparative negligence law. Your compensation may be reduced based on your share of fault, but you are not barred from filing a claim.
Can I sue if snow or ice contributed to my pedestrian injury?
Yes. Property owners and municipalities must clear snow and ice within a reasonable time. If neglect caused your injury, you may have a valid claim under local safety codes.
Can I file a claim against a rideshare company like Uber or Lyft?
Yes. Rideshare drivers carry commercial insurance while on duty. If the driver was logged into the app, their company’s policy may apply to your claim.
Can I still sue if the driver was uninsured?
Yes. You may still recover compensation through your own insurance or the NY MVAIC. This program helps victims when the at-fault driver has no valid coverage.
What is the average payout for a pedestrian hit by a car in New York?
How long does a pedestrian injury lawsuit usually take in Upstate NY?
Most claims resolve within 6 to 12 months. Complex cases involving public entities or serious injuries may take up to 2 years or more.
