NYC Dmv Lawyers : Crosswalk Accident Claims

Under New York Vehicle and Traffic Law Section 1151, drivers must yield to pedestrians lawfully within any marked or unmarked crosswalk. This obligation applies regardless of traffic signal status in certain contexts. A pedestrian who enters a crosswalk on a Walk signal or when no vehicular traffic is approaching has the absolute right of way. Drivers who strike pedestrians in crosswalks often face presumptions of negligence, particularly when the pedestrian was following traffic control signals. NYC DMV lawyers use this legal framework to establish liability and strengthen compensation claims.

New York follows a pure comparative negligence standard, which means a pedestrian may recover damages even if partially at fault, as long as they are less than 100 percent responsible for the accident. For example, if a pedestrian was jaywalking but a driver was speeding and failed to brake, both parties may share fault. The victim's recovery is reduced by their percentage of fault. NYC DMV lawyers carefully analyze accident facts to minimize any comparative negligence findings and maximize the victim's recovery.

Claims for damages exceeding $25,000 are filed in New York Supreme Court, which has unlimited jurisdiction over personal injury actions. Crosswalk accident cases involving significant injuries typically fall within Supreme Court jurisdiction. The discovery process in Supreme Court is more extensive than in Civil Court, allowing attorneys to obtain police accident reports, witness statements, medical records, and expert opinions. NYC DMV lawyers leverage Supreme Court procedures to build comprehensive cases supported by detailed evidence. Claims under $25,000 may be pursued in New York Civil Court, which operates on an expedited schedule and involves more limited discovery.

New York is a no-fault insurance state, meaning all drivers must carry Personal Injury Protection (PIP) coverage. Crosswalk accident victims must first exhaust PIP benefits, which cover reasonable and necessary medical expenses and lost wages up to the policy limit, typically $50,000. Only after PIP benefits are exhausted or deemed insufficient may a victim pursue a claim against the at-fault driver's liability insurance or file a lawsuit. Many no-fault disputes proceed to mandatory arbitration before litigation. NYC DMV lawyers handle the arbitration process and escalate cases to court when necessary to secure full compensation for victims' injuries and losses.

The police accident report is a critical document that typically includes officer observations, driver and witness statements, vehicle damage descriptions, and traffic condition details. However, police reports are not always accurate and may contain errors or omissions. NYC DMV lawyers obtain copies of reports and carefully review them for factual accuracy. If the report contains inaccuracies, attorneys may file amendments or supplemental reports with the police department. Additionally, attorneys investigate whether the driver received a traffic citation for the accident, as citations can establish liability. Our firm also pursues related practice areas, such as Accident Injury claims, to ensure comprehensive representation.

Many NYC intersections are equipped with surveillance cameras operated by businesses, traffic management systems, or municipal agencies. Video footage can definitively establish the sequence of events, driver conduct, and pedestrian behavior at the moment of impact. NYC DMV lawyers immediately request surveillance footage from nearby businesses and city agencies before recordings are deleted. Scene photographs documenting road conditions, traffic signals, crosswalk markings, and sight lines provide additional critical evidence. This visual evidence is powerful in settlement negotiations and at trial, as juries find video footage and photographs highly persuasive when determining liability and damages.

Economic damages are quantifiable financial losses directly caused by the accident. These include emergency room and hospital bills, ongoing medical treatment costs, physical therapy expenses, lost wages during recovery, and reduced earning capacity if injuries cause permanent disability. Medical expert testimony often supports claims for future medical care needs. Non-economic damages compensate for pain, suffering, emotional distress, loss of enjoyment of life, and permanent disfigurement or scarring. New York law does not cap non-economic damages in personal injury cases, allowing juries to award substantial amounts for severe injuries. NYC DMV lawyers present medical evidence, testimony from the injured victim, and expert opinions to maximize damages awards.

Most crosswalk accident cases settle before trial through negotiation between the victim's attorney and the defendant's insurance company. Insurance adjusters evaluate liability, medical expenses, and comparable case outcomes when determining settlement offers. NYC DMV lawyers negotiate aggressively to achieve settlements that reflect the true value of the victim's injuries and losses. When insurance companies make inadequate offers, attorneys proceed to trial and present the case to a jury. Juries often award substantial damages in crosswalk accident cases because liability is typically clear and pedestrians are viewed sympathetically. Our firm also handles related matters, including Aviation Accident cases, demonstrating our expertise in complex accident litigation across multiple contexts.

Victims must avoid admitting fault at the accident scene, as statements may be used against them later. Similarly, victims should not sign documents presented by the driver or their insurance company without attorney review. Posting details about the accident on social media can damage credibility and provide ammunition to defense counsel. NYC DMV lawyers advise clients to limit communications about the accident to medical providers and legal counsel. Prompt retention of counsel ensures that investigators can collect evidence while it remains fresh, witness memories are accurate, and surveillance footage has not been deleted. Early attorney involvement also protects victims from tactics used by insurance companies to minimize or deny claims.