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Brooklyn Pedestrian Accident Lawyer

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pedestrian accident lawyer Brooklyn, NY

Are you looking for a pedestrian accident lawyer in Brooklyn, NY?

At The Edelsteins, Faegenburg, & Blyakher LLP, we are trusted pedestrian accident lawyers serving clients across Brooklyn and the surrounding area.

If you were hit by a car, truck, or bus while walking in Brooklyn, you may be dealing with fractures, surgery, and an insurance adjuster who called before you left the hospital. Our firm has represented injured pedestrians in Kings County for decades, and the settlements and verdicts we have recovered for people on foot include $9 million and $5.5 million results. Our Brooklyn, NY pedestrian accident lawyer knows these courtrooms. Reach out for a free consultation and let a Brooklyn pedestrian accident attorney review what happened.

Pedestrian Accident Lawyer Brooklyn, NY

A pedestrian accident case is a negligence claim brought by someone on foot who was struck by a motor vehicle. In Brooklyn that usually means a car or SUV turning through a crosswalk, a delivery truck backing up, a bus pulling from a stop, or a driver looking at a phone instead of the road. The person walking almost always absorbs the entire impact. Even a 20 mph collision can fracture a pelvis or cause a traumatic brain injury.

NYPD collision reports for August 2026 show 196 pedestrians injured and one killed in Brooklyn in a single month, with driver inattention listed as a contributing factor in 622 injury collisions borough-wide. Those are not abstractions. They are neighbors, coworkers, and kids walking home from school, and each of them has a claim that a Brooklyn pedestrian accident lawyer should evaluate before the insurer sets the narrative.

Types of Pedestrian Accident Cases We Handle in Brooklyn

Every pedestrian knockdown starts with the same question: who had the duty to see you, and why didn’t they? We answer that with evidence. These are the case types we handle most often for pedestrians in Brooklyn.

  • Crosswalk and intersection knockdowns. Turning drivers who fail to yield to people lawfully in the crosswalk cause a large share of Brooklyn pedestrian injuries. We pull signal timing, intersection camera footage, and witness statements to prove who had the right of way.
  • Hit-and-run pedestrian accidents. When a driver flees, the case does not end. We work with NYPD to identify the vehicle and, when that fails, pursue uninsured motorist coverage so the hit-and-run victim is not left with nothing.
  • Truck accidents. Box trucks, delivery vans, and sanitation vehicles have massive blind spots. Our attorneys obtain fleet records, driver logs, and telematics data before the company has a chance to lose them.
  • DUI accidents. We recovered $9 million for a pedestrian struck on the sidewalk by an intoxicated driver. Bars and restaurants that overserve can share responsibility under New York’s dram shop rules.
  • Bus and MTA pedestrian accidents. Claims against city agencies follow strict notice deadlines and different procedures. We handle the bus pedestrian accident process from the initial notice of claim through trial.
  • Sidewalk, driveway, and parking lot strikes. Drivers backing out of driveways or cutting across sidewalks to reach a garage hit pedestrians who never expected a vehicle there. Property owners can share liability when sight lines are blocked.
  • Distracted driver cases. Phone records and infotainment data can show exactly what a driver was doing at the moment of impact. We subpoena them early.
  • Child pedestrian injuries. Children are struck near schools, playgrounds, and parked cars where drivers should anticipate them. School zone safety failures raise the driver’s duty of care, and we hold them to it.
  • Wrongful death. When a family loses someone, we bring the wrongful death claim on their behalf and pursue every source of compensation available.

Why Choose The Edelsteins, Faegenburg, & Blyakher LLP as My Pedestrian Accident Lawyer in Brooklyn, NY?

Brooklyn Trial Lawyers With a Record of Results

Paul J. Edelstein and Glenn K. Faegenburg handle our pedestrian injury cases. Both graduated from Brooklyn Law School. Paul is a member of the New York State Trial Lawyers Association, the Brooklyn Bar Association, and the American Bar Association, and he volunteered with the Trial Lawyers Care 9/11 Project. Glenn earned his J.D. in 1990, studied at the University of Pennsylvania, and has been recognized by Super Lawyers and Best Lawyers. Our personal injury lawyer in Brooklyn, NY both the combination of local roots and courtroom experience.

Insurance carriers know which firms try cases and which ones fold. Our reported results exceed $137 million, including:

  • $9,000,000 for a pedestrian struck on the sidewalk by a drunk driver
  • $5,500,000 for a pedestrian struck by a motor vehicle in a crosswalk
  • $2,850,000 for a bicyclist struck by a police vehicle
  • $1,200,000 for a woman dragged by a Department of Sanitation truck who needed surgery for leg injuries and scarring

No Fee Unless We Recover

Pedestrian cases are handled on contingency. You pay nothing up front, the consultation is free, and our fee comes out of the recovery. We also help clients sort out no-fault benefits so medical bills get paid while the case moves forward.

Understanding Pedestrian Accident Cases

Damages, Liability, and Compensation for Pedestrian Accident Cases

Three legal concepts decide most Brooklyn pedestrian claims.

  • Negligence. The driver owed you a duty of reasonable care, breached it, and that breach caused your injuries. Failure to yield, speeding, and distraction are the usual breaches.
  • Comparative fault. Under CPLR 1411, a pedestrian’s own carelessness reduces recovery in proportion to their share of blame. For motor vehicle cases filed on or after May 26, 2026, a new subsection bars recovery entirely if the pedestrian’s fault exceeds the combined fault of the defendants. Fighting the fault percentage is now decisive.
  • No-fault benefits. Pedestrians hit by insured vehicles are covered persons under New York’s no-fault law, which pays basic economic loss up to $50,000 regardless of fault.
  • Serious injury threshold. To sue for pain and suffering, the injury must meet the statutory definition of a serious injury. Fractures, permanent limitations, and significant disfigurement typically qualify, and the medical proof has to be objective, not just a description of pain.
  • Damages. Recoverable losses include past and future medical costs, lost earnings, diminished earning capacity, and pain and suffering. Spouses may claim loss of consortium.

Important Aspects of a Pedestrian Accident Case

The first weeks determine the strength of the case. Camera footage from bodegas and buildings is often overwritten within days, and a driver’s version of events hardens quickly.

  • Securing video, the police report, and the driver’s statement before the story changes
  • Documenting every injury, including delayed symptoms that surface days later
  • Identifying every liable party, from the driver to the vehicle owner, employer, or a bar that overserved
  • Keeping treatment consistent so the insurer cannot argue a gap in care
  • Staying off social media, since posts become evidence

What Is The Pedestrian Accident Case Timeline?

Most Brooklyn pedestrian cases resolve within one to three years. Serious injury cases involving surgery take longer because we wait until your doctors can speak to permanence.

  • Free consultation and case investigation in the first 30 days
  • No-fault application filed within 30 days of the crash
  • Notice of claim within 90 days if a city vehicle or city street defect is involved
  • Lawsuit filed in Kings County Supreme Court, followed by discovery and depositions
  • Settlement negotiations, mediation, and trial if the carrier refuses a fair number

What to Bring to Your Pedestrian Accident Consultation

Consultations with a Brooklyn, NY pedestrian accident lawyer are free and usually last under an hour. We explain what to expect, answer your questions, and tell you plainly whether you have a case. Bring what you have of the following to your appointment.

  • The police accident report or the responding officer’s badge number
  • Hospital discharge papers and any doctor’s notes
  • Photos of the scene, the vehicle, and your injuries
  • Contact information for witnesses
  • Any letter or voicemail from an insurance company

Most Dangerous Locations for Pedestrian Accidents in Brooklyn

Wide, multi-lane arterials produce the worst pedestrian crashes in Brooklyn. Atlantic Avenue, Flatbush Avenue, Linden Boulevard, Ocean Parkway, and Kings Highway appear repeatedly in NYC DOT’s Borough Pedestrian Safety Action Plans, which identify priority corridors based on pedestrians killed or severely injured per mile.

In August 2026, the 75th Precinct covering East New York logged 216 collisions, more than any other precinct in the borough, and the 73rd Precinct in Brownsville reported 19 pedestrians injured in that one month. Downtown Brooklyn, Bay Ridge, and Sunset Park also see steady numbers of turning-vehicle knockdowns at signalized intersections.

Reach Out to The Edelsteins, Faegenburg, & Blyakher LLP to Schedule a Consultation

You will not pay a fee unless we recover for you. During the free consultation we listen to what happened, explain how comparative fault and no-fault rules apply to your facts, and outline the next steps. Contact us to schedule a meeting with a Brooklyn pedestrian accident attorney.

Pedestrian Accident Statistics in Brooklyn, NY

New York City recorded its safest traffic year on record in 2025, and pedestrians still accounted for more than half of everyone killed. Brooklyn’s numbers improved less than the Bronx or Queens, and the borough remains the most populous place in the city to be walking near traffic.

The national picture is worse. Pedestrian deaths in the United States have climbed sharply over the past decade, driven by larger vehicles, higher speeds, and nighttime crashes on arterial roads.

  • NYC DOT reported 111 pedestrian deaths citywide in 2025, down from 122 in 2024, while Brooklyn traffic deaths fell only from 69 to 63.
  • NYPD data for August 2026 shows 2,169 collisions in Brooklyn, with 196 pedestrians injured and failure to yield cited in 129 injury crashes.
  • NHTSA figures show 7,314 pedestrians killed nationally in 2023, with 77 percent of those deaths occurring in the dark and one in four involving a hit-and-run driver.
  • The CDC reports roughly 140,000 emergency department visits for pedestrian crash injuries in 2022, and adults 65 and older accounted for 22 percent of pedestrian deaths.
  • Pedestrian fatalities on Brooklyn’s Vision Zero priority corridors declined 38 percent between the 2019 and 2023 study periods, according to NYC DOT.

Steps to Take After a Pedestrian Accident in Brooklyn

  1. Get out of the roadway if you can move safely. Secondary collisions kill pedestrians who are already down. If you cannot move, stay still and let bystanders direct traffic around you.
  2. Call 911 and ask for both police and an ambulance. The NYPD report becomes the backbone of your claim. Adrenaline masks fractures and internal bleeding, so accept transport even if you feel able to walk.
  3. Get the driver’s information. License, registration, insurance card, and plate number. If the driver flees, note the vehicle’s color, make, and direction of travel, and tell the officer immediately.
  4. Identify witnesses before they leave. Names and cell numbers. Brooklyn intersections empty out within minutes, and a neutral witness is worth more than any argument we can make later.
  5. Photograph everything. The vehicle’s position, skid marks, the crosswalk markings, the signal, your injuries, and your clothing. Look for cameras on nearby storefronts and note the addresses.
  6. Say nothing about fault. Do not apologize, do not guess at your speed or the light, and do not give a recorded statement to the driver’s insurer. Adjusters are trained to extract admissions from injured people.
  7. Follow up with your own doctor within 48 hours. Emergency rooms rule out death, not disability. Soft tissue injuries, concussions, and disc injuries often need a specialist to diagnose.
  8. File your no-fault application within 30 days. Miss this deadline and the carrier can deny your medical and wage benefits. We prepare and file this for clients at no charge.
  9. Preserve your clothing and shoes. Do not wash them. Fabric transfer and impact damage can corroborate where and how you were hit.
  10. Talk to a Brooklyn pedestrian accident lawyer before you sign anything. Early settlement offers are calculated before anyone knows the full extent of your injuries. Once a release is signed, the case is over.

Brooklyn Pedestrian Accident Lawyer FAQs

How much does a pedestrian accident lawyer in Brooklyn cost?

Nothing up front. We work on a contingency fee, which means our payment is a percentage of what we recover for you. If there is no recovery, there is no fee. The initial consultation is free, and we advance the costs of investigation, records, and litigation. Every pedestrian accident lawyer in Brooklyn, NY should be willing to put those terms in writing before you sign, and we do.

How long do I have to file a pedestrian accident lawsuit in New York?

Generally three years from the date of the crash under CPLR 214. Claims against the City of New York, the MTA, or another public entity require a notice of claim within 90 days and carry a much shorter lawsuit deadline. Wrongful death claims have their own timeline.

What if I was jaywalking or crossed against the light?

You may still have a case. Drivers must exercise due care to avoid hitting pedestrians even outside the crosswalk. Your recovery is reduced by your share of fault, and for cases filed after May 26, 2026, you lose the claim if your share exceeds the driver’s. That makes the fault investigation the most important part of the case.

What if the driver who hit me fled the scene?

We start with NYPD, traffic cameras, and nearby businesses to identify the vehicle. If the driver is never found, you can file a claim through the Motor Vehicle Accident Indemnification Corporation, known as MVAIC, or through the uninsured motorist coverage on a policy in your own household. A pedestrian accident attorney in Brooklyn who has handled MVAIC claims can tell you quickly which route applies.

Does no-fault insurance cover pedestrians?

Yes. A pedestrian struck by an insured vehicle in New York is a covered person under the no-fault law. The driver’s policy pays your medical bills and a portion of lost wages up to $50,000, regardless of who caused the crash.

Can I sue the City of New York for a pedestrian accident?

You can when a city vehicle, bus, or dangerous road condition caused the crash. The process is different, starting with a notice of claim within 90 days and a 50-h hearing where the city questions you under oath. We handle these regularly.

What is my Brooklyn pedestrian accident case worth?

It depends on the severity and permanence of your injuries, your medical costs, lost income, the insurance available, and how fault is allocated. Fractures requiring surgery, brain injuries, and spinal injuries carry the highest values. We give an honest range after reviewing your records, never a number designed to get you to sign.

Will my case go to trial?

Most settle. But carriers pay more to firms that will actually pick a jury in Kings County Supreme Court, and we prepare every case as if it will be tried. You decide whether to settle or go to trial after we lay out the risks of each.

What injuries are common in Brooklyn pedestrian accidents?

Leg and pelvic fractures from the initial bumper strike, head injuries from hitting the hood or pavement, spinal injuries, and road rash. Many clients also deal with psychological trauma and fear of crossing the street that lasts long after healing.

Should I talk to the driver’s insurance company?

No. Give them your attorney’s contact information and nothing else. Anything you say, including a polite “I’m doing okay,” can be used to minimize your claim.

Important Resources for Brooklyn Pedestrian Accident Cases

Important New York Legal Resources for Pedestrian Accident Cases

New York’s statutes are published free of charge online. These sources cover the deadlines and damages rules that govern pedestrian claims.

  • CPLR 214 sets the three-year statute of limitations for personal injury actions.
  • CPLR 1411 governs comparative fault, including the 2026 bar for motor vehicle plaintiffs more than 50 percent at fault.
  • General Municipal Law 50-e requires a notice of claim within 90 days for claims against public entities.
  • Insurance Law 5102 defines no-fault basic economic loss and the serious injury threshold.

Local Resources for Brooklyn Pedestrian Accidents

The following Brooklyn hospitals, police, and court resources are frequently involved in pedestrian injury cases. Listing them does not constitute an endorsement, and The Edelsteins, Faegenburg, & Blyakher LLP has no affiliation with these organizations.

About The Edelsteins, Faegenburg, & Blyakher LLP

Our firm has represented injured New Yorkers from Brooklyn for decades, and our attorneys are part of the borough’s legal community, not visitors to it. Paul Edelstein met his wife Maritza while she was serving jury duty in Brooklyn, which tells you something about how much of his life has been spent in Kings County courtrooms. The firm’s $22 million recovery for professional boxer Magomed Abdusalamov, at the time the largest personal injury settlement ever obtained against the State of New York, remains one of the most closely watched injury cases in the state.

What Our Clients Say

⭐⭐⭐⭐⭐

“I had the pleasure of working with Arthur, he was so kind and considerate, these men are people with integrity, they are not just about money they care about people, they consider your pain and all that comes with an accident. It was a blessing working with then, all the stress was on them. I would recommend them to all who needs lawyers with a heart.” – Gwenette Oakey

Read more reviews on our Google Business Profile.

Additional Resources for Brooklyn Pedestrian Accident Cases

Contact The Edelsteins, Faegenburg, & Blyakher LLP

A driver’s insurance company already has lawyers working on your case, so you should too. Our Brooklyn pedestrian accident lawyers take cases on contingency, so there is no fee unless we win, and the first consultation is at no cost. We will review the police report, explain the comparative fault rules that now apply, and give you an answer about your options. Contact us online or by phone to get started.

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