Fact-Checked
A Hempstead pedestrian accident lawyer at MooreJustice Accident & Injury Lawyers can take on the driver and insurer responsible for your injuries. When a vehicle strikes you on foot, New York law controls which policy pays your medical bills, when you can pursue pain and suffering, and how blame affects your recovery. Insurers work every one of those rules against injured pedestrians.
Our attorneys at The Law Offices of Darren T. Moore P.C. represent pedestrians struck by vehicles throughout Hempstead and Nassau County. We move quickly to secure video, witness accounts, and scene photographs before that evidence disappears. Call (917) 809-7014 today for a free case evaluation, with phones answered 24/7 in English and Spanish.
Injured by someone else’s negligence?
Insurance companies treat pedestrian claims as fault fights from the first phone call. We respond with evidence, preparation, and a readiness to file a lawsuit when negotiations stall.
Our published pedestrian case results include $1,950,000 for a pedestrian hit in a crosswalk and $485,000 for a pedestrian knocked down and left with a permanent scar. The firm also recovered $140,000 for a pedestrian struck between parked cars. Past results depend on their own facts and do not predict the outcome of any other case.
Founding attorney Darren T. Moore has more than 17 years of experience as a New York personal injury attorney. The firm's awards and memberships include Super Lawyers and The National Trial Lawyers Top 100.
Working from our Manhattan office, our team represents injured pedestrians across Hempstead. We also handle other Hempstead personal injury claims that arise from the same crash, including injuries to passengers and bicyclists.
New York's Vehicle and Traffic Law assigns drivers several duties around people on foot:
Pedestrians also have duties, and insurers study them closely. Under Section 1151(b), a pedestrian may not suddenly leave a curb and walk or run into the path of a vehicle too close to yield. Section 1152(a) requires anyone crossing outside a marked crosswalk or an unmarked crosswalk at an intersection to yield to vehicles.
Those duties never cancel the driver's duty. Section 1146(a) applies notwithstanding any other law, so a pedestrian's obligation to yield does not erase a driver's duty of due care.
Our investigation examines both sides: Signal timing, crosswalk markings, sight lines, vehicle speed, and where you stood at impact.
You do not need your own auto insurance to collect no-fault benefits when an insured vehicle hits you. Under Insurance Law § 5103(a)(1), the policy on the vehicle that struck you must pay first-party benefits to injured people, including pedestrians, who were not occupying another motor vehicle or a motorcycle.
Those benefits reimburse basic economic loss of up to $50,000 per person under Insurance Law § 5102, including necessary medical expenses and lost earnings of up to $2,000 per month. Our team opens the no-fault claim quickly and tracks no-fault filing deadlines after a Hempstead crash so paperwork problems don't stall your benefits.
No-fault pays economic losses, not pain and suffering. Insurance Law § 5102(j) makes a pedestrian injured by an insured vehicle a covered person. Under Insurance Law § 5104(a), a covered person cannot recover non-economic loss from another covered person, such as the insured driver, unless the injury qualifies as a serious injury.
The current definition in Section 5102(d) lists the following serious injuries:
When your injury fits one of these categories, we document it with imaging, specialist findings, and consistent treatment records.
Expect the driver's insurer to shift blame onto you. Common arguments include crossing mid-block, wearing dark clothing, looking at a phone, or stepping out without warning.
Civil Practice Law and Rules (CPLR) 1411(a) sets the general rule: Shared fault reduces your damages in proportion to your share instead of barring recovery. A 2026 amendment added subsection (b), and it changes the rules for many motor vehicle injury cases.
In a personal injury action subject to Insurance Law Article 51, your recovery is barred if your share of fault is greater than the defendant's. The same bar applies when your share exceeds the combined fault of all defendants. Because a pedestrian struck by an insured vehicle is a covered person under that article, this bar can apply to your claim.
Every percentage point matters, so we fight the blame narrative with surveillance and dashcam footage, signal timing, vehicle damage patterns, and witness accounts. Learn how our New York pedestrian accident lawyers build a case when fault is disputed.
If an adjuster is already pointing at you, call a Hempstead pedestrian accident attorney at (917) 809-7014 before you give a recorded statement.
Crash data shows how often people on foot and on bikes get hit in and around Hempstead. A Tri-State Transportation Campaign fact sheet analyzing state transportation department crash data from 2014 through 2016 found that Hempstead Turnpike (State Route 24) had 256 crashes involving people walking or biking. That was the highest total of any Nassau County road in the study.
The campaign's 2017 report summary adds that six of Nassau County's 10 most dangerous intersections for walking and biking were in Hempstead. They included Front Street at Franklin Street, with 13 crashes, and Fulton Avenue at Clinton Street, with 12.
When a crash happens on one of these corridors, we examine its crash history, signal phasing, and crossing design as part of the liability picture.
A personal injury lawsuit in New York generally must be commenced within 3 years under CPLR 214(5). Claims against a government body can move on a much faster clock, so it is wise to consult a Hempstead pedestrian accident lawyer at the onset of your claim.
If the law requires a notice of claim against a public corporation, General Municipal Law § 50-e gives you 90 days after the claim arises to serve it. General Construction Law § 66 defines public corporations to include counties, towns, and villages.
A claim for injuries caused by the negligence of a State officer or employee follows Court of Claims Act § 10(3). The claim must be filed and served on the attorney general within 90 days after it accrues, unless you serve a written notice of intention within that time. A timely notice extends the claim deadline to 2 years after accrual.
Your own household auto policy may still pay no-fault benefits. Insurance Law § 5103(a)(2) covers the named insured and household members injured by an uninsured motor vehicle. Section 5102(i) defines that term to include a vehicle whose owner is unknown and cannot be identified.
Get medical care right away and make sure the police document the crash. Photograph the scene, collect witness contact information, and keep the clothing you wore. Then call us before you speak with the driver's insurer.
Speak with a lawyer first. An adjuster can use your words to argue that you share the blame, and that argument carries more weight under the modified comparative negligence rule.
We handle pedestrian cases on a contingency fee basis. Our fee comes from a recovery under the signed agreement, and the case evaluation is free.
Timelines depend on injury severity, the length of treatment, disputed fault, and available insurance. A serious injury claim is difficult to value until doctors understand its long-term effects.
Most personal injury claims resolve before trial. We still prepare every file for trial, because an insurer evaluates a trial-ready case differently than an unfinished one.
You deserve answers, accountability,
and full compensation
Getting hit by a car should not leave you fighting the driver's insurer alone. MooreJustice Accident & Injury Lawyers is ready to protect your right to pursue compensation for medical expenses, lost wages, and pain and suffering where the law allows.
The Law Offices of Darren T. Moore P.C. handles pedestrian cases on a contingency fee basis, with phones answered 24/7 in English and Spanish. Call (917) 809-7014 to speak with a Hempstead pedestrian accident lawyer, or reach us through our contact page.
Darren Moore is the founder of The Law Offices of Darren T. Moore, P.C. and a dedicated New York personal injury attorney. Known for his relentless advocacy and client-focused approach, he has spent his career helping injury victims pursue justice and recover the compensation they deserve. Darren handles a wide range of personal injury matters and is committed to delivering personalized representation for every client.
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