Fact-Checked
A driver who strikes someone on foot in Westchester County can be held responsible under New York law. Our Westchester pedestrian accident lawyer team at MooreJustice Accident & Injury Lawyers represents people injured while walking, jogging, or crossing the street in White Plains, Yonkers, New Rochelle, Mount Vernon, and surrounding communities. We handle pedestrian claims on a contingency fee basis.
Insurance adjusters begin building a defense within hours of a crash. You deserve someone building your case just as fast. Call (917) 809-7014 for a free case evaluation, and our attorneys will walk you through your options before you give any recorded statement.
Pedestrian cases are liability fights, not routine insurance paperwork. Signal timing, sightlines, vehicle position, and the exact point of impact all shape who is held responsible. Our attorneys treat those details as the center of the case from the first phone call.
Our founding attorney has more than 17 years of experience representing injured people throughout New York. That experience shapes how our team at The Law Offices of Darren T. Moore P.C. approaches every pedestrian claim we accept.
Here is what our representation involves:
Our office is in New York City, and we represent injured pedestrians across Westchester County. Phones are answered 24 hours a day, and our team includes Spanish-speaking staff.
According to official state traffic data published in the New York State Westchester County Pedestrian Crash Fact Sheet, 2,494 pedestrian-motor vehicle crashes occurred in Westchester County between 2011 and 2015, resulting in 2,349 injury crashes and 35 fatal crashes.
Location matters more than most people expect. Roughly 68% of those crashes happened at an intersection rather than mid-block.
The state fact sheet also identified the behavior behind those collisions. Driver inattention was a contributing factor in 32% of fatal and injury crashes, and failure to yield the right of way was a contributing factor in 21%. Nearly a third of the vehicles involved were making a left turn at the moment of impact.
Those patterns matter to your claim. A left-turning driver who never looked at the crosswalk faces a much harder liability argument than one who claims a pedestrian appeared without warning. Our attorneys use crash geometry, signal phasing, and witness accounts to establish what the driver actually did.
Westchester roadway conditions add another layer. Wide suburban arterials, commuter traffic, and commercial corridors with frequent curb cuts create crossing points that pose a real risk. Drivers at those locations often watch for a gap in traffic rather than a person stepping off the curb. Where a public entity controlled the roadway or signal involved, that opens a separate line of investigation with its own filing rules.
New York places a clear duty on drivers to watch for people on foot. Under Vehicle and Traffic Law § 1146, every driver must exercise due care to avoid colliding with a pedestrian and must sound the horn when necessary.
Crosswalk rules go further. Vehicle and Traffic Law § 1151 requires drivers to yield the right of way to a pedestrian crossing within a crosswalk. That duty applies when traffic signals are not in place or not operating, and it requires slowing or stopping if needed.
The same section also prohibits a driver from overtaking another vehicle that has stopped at a crosswalk to let someone cross.
Pedestrians carry duties too. The statute states that a pedestrian may not suddenly leave a curb and walk into the path of a vehicle that is too close to yield.
Insurance companies lean hard on that language. A violation by the driver, however, supports a finding of negligence, and our attorneys build the record needed to show which duty was broken.
A pedestrian struck by a car in New York is generally covered by no-fault benefits, usually through the driver's insurance policy. Under Insurance Law § 5102, basic economic loss covers up to $50,000 per person for medical care, a portion of lost earnings, and certain out-of-pocket costs, regardless of who caused the crash.
Those benefits stop well short of full compensation. No-fault does not pay for pain and suffering, permanent limitations, or losses beyond the statutory cap.
To pursue those damages from the at-fault driver, your injuries must meet the serious injury definition. Insurance Law § 5104 bars recovery for non-economic loss between covered persons unless a serious injury is proven. The statute also directs that no liability for non-economic loss is fixed until the trier of fact makes that determination.
Section 5102 defines serious injury through specific statutory categories. Those categories include death, dismemberment, significant disfigurement, a fracture, permanent loss of use of a body organ or member, and significant limitation of use of a body function or system.
Meeting a single category is enough to open the door. Building that proof, however, requires consistent treatment, objective imaging, and medical opinions tied directly to the crash rather than to prior conditions.
Every claim is valued on its own facts. When liability and damages are both supported, a Westchester pedestrian accident claim may address economic and non-economic losses.
Economic losses can include:
Non-economic losses can include:
Ask us what your case may involve before an adjuster tells you what it is worth. Reach our team at (917) 809-7014.
A person on foot has no structure, airbag, or seat belt absorbing the force of a collision. That is why a crash at moderate speed can produce injuries far more severe than the damage to the vehicle suggests.
Injuries our attorneys see in these cases include:
Severity drives everything that follows. Fractures and disfigurement fall squarely within the statutory serious injury categories, while soft tissue complaints are contested far more aggressively by insurers.
Long-term consequences deserve equal attention. Someone who cannot stand through a shift, lift what the job requires, or drive safely again is facing a reduced earning capacity claim, not just a medical bill. Our team documents those limits with treating physicians' opinions, work records, and, when warranted, vocational and life care analyses.
Most people have never handled an injury claim and have no idea what the next few months look like. Knowing the sequence removes some of that pressure.
The case generally moves through these stages:
Timelines vary widely, and no attorney can promise how or when a specific case resolves. What we can commit to is preparation, honest assessment, and keeping you informed at each stage.
Being blamed does not end your claim. New York applies pure comparative fault under CPLR § 1411, which provides that a person's own culpable conduct does not bar recovery. Instead, damages are reduced in proportion to that share of fault.
The practical effect is significant. An injured pedestrian found 30% responsible may still recover 70% of proven damages.
Because fault percentages carry real financial weight, insurers work to inflate them. Our attorneys respond with evidence: video, scene measurements, signal records, and testimony that place responsibility where the facts support it.
New York generally allows three years from the date of injury to file a personal injury lawsuit, under CPLR § 214. Waiting that long is rarely wise, since video and witness memory fade long before the deadline.
A much shorter clock applies when a government entity is involved. That situation is common in Westchester, where county, city, town, and village agencies own roadways, operate buses, and maintain traffic signals.
General Municipal Law § 50-e requires a notice of claim to be served within 90 days after the claim arises in tort cases against a public corporation. Court guidance confirms that a late notice requires a separate court application, and that an extension cannot exceed the outside limit of one year and 90 days. Missing that window can end an otherwise strong claim.
Cases that proceed to litigation in this county are filed in Supreme Court, Westchester County, which sits in White Plains as part of the Ninth Judicial District.
Every pedestrian crash involves unique factual details and legal challenges. At MooreJustice Accident & Injury Lawyers, operating through The Law Offices of Darren T. Moore P.C., we investigate every angle of your case to establish clear liability. Our legal team aggressively targets all possible insurance coverage options to secure the maximum compensation you deserve.
Most pedestrian crashes in Westchester occur at intersections. We examine signal phasing, crosswalk markings, and driver sightlines to establish who held the right of way. Faded crossing lines and obstructed views often matter as much as the driver's speed at the moment of impact.
Turning drivers watch oncoming traffic and miss the crosswalk beside them. These cases often turn on vehicle damage angles, camera footage, and witness accounts. Our attorneys reconstruct the turn to show the driver entered a crossing without ever checking it for people on foot.
Shopping centers, garages, and apartment complexes produce low-speed crashes with serious injuries. We pursue the driver and, where conditions contributed, the property owner responsible for lighting, signage, sightlines, or walkway design. Backing collisions frequently involve drivers who never checked mirrors or cameras.
When a driver leaves the scene, the claim shifts toward uninsured motorist coverage and available surveillance sources. We move quickly to identify the vehicle, secure nearby business and residential footage, and open whichever coverage route applies to your situation before that evidence disappears.
No. Pedestrians struck by a motor vehicle are generally covered under the vehicle's no-fault policy, even without owning a car or carrying auto insurance.
We handle pedestrian accident cases on a contingency fee basis. Fee terms are explained in writing during your free case evaluation, before you agree to representation.
A police report is evidence, not a verdict. Officers reconstruct crashes quickly, and video, witness statements, and physical evidence frequently support a different account of what happened.
Yes. Drivers still owe a duty of due care, and New York's comparative fault rule allows recovery even when a pedestrian shares responsibility for the crash.
Timelines depend on injury severity, treatment length, and how strongly the insurer disputes fault. Cases that settle resolve faster than those requiring litigation in Westchester County.
Speak with an attorney first. Recorded statements taken early are used to narrow your claim, and you are not required to give one before getting legal advice.
If a driver struck you or someone in your family, talk with a Westchester pedestrian accident lawyer who handles these cases as liability disputes. MooreJustice Accident & Injury Lawyers represents injured pedestrians throughout Westchester County, from White Plains and Yonkers to the Sound Shore communities.
Call (917) 809-7014 for a free case evaluation. Attorney Darren T. Moore and the team at The Law Offices of Darren T. Moore P.C. will review what happened, explain how New York law applies to your situation, and outline the next step. There is no cost to find out where you stand.
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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