When you’re walking through a parking lot, crossing an intersection, or leading your dog down the street, you probably aren’t thinking about what would happen if you were suddenly hit by a car. But sadly, pedestrian knockdown accidents are a serious safety concern here on Long Island.

The problem is so significant that organizations and safety professionals across Nassau and Suffolk Counties have come together to form Walk Safe Long Island, a collaborative dedicated specifically to improving pedestrian safety and health outcomes across our community.

According to data compiled by Walk Safe Long Island via the NYS Governor’s Traffic Safety Committee and the NYS Sheriffs’ Association, 1,530 pedestrians were involved in crashes across both counties between October 2024 and September 2025. Of those pedestrians, 1,429 were injured and 62 lost their lives.

For the victims who survive, the aftermath often brings serious injuries, mounting medical expenses, and plenty of questions about what happens next. And one of the biggest sources of confusion is often insurance.

No one ever expects to be a pedestrian involved in a crash. But because it can happen to any of us, every Long Islander must understand their rights, how New York’s no-fault coverage comes into play, and what to do if the unthinkable happens. 

Both pedestrians and drivers have responsibilities under New York law. Drivers are required to exercise appropriate caution around pedestrians and obey traffic laws pertaining to intersections, crosswalks, school zones, and other areas where vehicles and pedestrians might interact.

But pedestrian accidents are not always as straightforward as “a car hit a person, so the driver must be entirely responsible.” Variables such as where the pedestrian was walking, who had the right-of-way, whether traffic signals were followed, visibility, and the actions of both parties can all factor into determining responsibility.

And as of 2026, how much fault is assigned to an injured pedestrian can have a much greater impact on their ability to recover compensation.

New York State recently changed its comparative negligence rules for personal injury cases involving motor vehicle accidents. Previously, under the state’s pure comparative negligence system, an injured party could potentially recover damages even if they were mostly responsible for causing the accident, with their compensation reduced according to their percentage of fault.

However, under the new modified comparative fault standard, an injured person can be barred from recovering damages if their share of responsibility is greater than that of the person they’re seeking compensation from.

What does this mean for injured pedestrians? Well, if you’re struck by a vehicle but ultimately found to be 20% at fault for the accident, you may still recover damages, but the award would be reduced by that 20%.

Or, if you’re instead found to be more responsible (or over 50% at fault) than the driver you’re suing, then you cannot recover any damages at all.

This latest change in NY auto accident law makes determining exactly how your accident occurred and preserving the evidence needed to establish fault more important than ever. 

First, let’s define what “no-fault” actually means. New York operates under what’s known as a no-fault insurance system, which allows people injured in motor vehicle accidents to receive timely compensation for certain accident-related expenses regardless of who was responsible for causing the crash.

Under standard no-fault coverage, eligible accident victims may receive reimbursement of up to $50,000 for accident-related medical and rehabilitation costs, as well as 80% of lost wages (up to $2,000 per month) for up to three years.

But you don’t just have to be inside a vehicle to potentially qualify for these benefits. If you’re struck and injured by a vehicle as a pedestrian, New York’s no-fault coverage can generally extend to you, too. In most cases, the claim is simply made through the insurance policy covering the vehicle that struck you.

That means you may be able to access coverage for qualifying expenses and lost income without first having to prove the driver was at fault for the accident. This can provide critical financial support while you begin to recover and sort out questions of liability. 

It’s important to understand that no-fault benefits are specifically designed to address certain economic losses without requiring you to prove who caused the collision. Meanwhile, a personal injury claim allows injured pedestrians to pursue additional compensation from a negligent driver, beyond the standard no-fault benefits.

Depending on the circumstances and severity of your injuries, this could include additional out-of-pocket medical expenses or lost wages exceeding the no-fault benefit cap. Victims may also seek compensation for pain and suffering, which is not covered by the no-fault system.

Victims who wish to pursue pain and suffering damages must show they have a serious injury. Under Section 5102(d) of New York Insurance Law, these categories include the following:

● Death

● Dismemberment

● Significant disfigurement

● Fractures

● Loss of a fetus

● Permanent loss of use of a body organ, member, function, or system

● Permanent consequential limitation of use of a body organ or member

● Significant limitation of use of a body function or system 

After a pedestrian accident, time is of the essence, because there are important deadlines that can affect your ability to receive insurance benefits or pursue compensation for your injuries.

First, if you plan to seek no-fault benefits, you generally have to submit a written notice of your claim to the appropriate insurance company within 30 days of the accident.

Next, if you intend to file a personal injury lawsuit in New York, you generally have three years to file. But the deadline is much shorter if a municipal vehicle is involved or if there’s a resulting fatality.

Deadlines also aren’t the only reason to act quickly. As time passes, surveillance or dashcam footage may be erased, witnesses can become more difficult to locate, and other evidence surrounding the circumstances of your exact case might start to disappear.

If you or a loved one has been hit by a vehicle on Long Island, Langella & Langella Personal Injury Attorneys are ready to stand in your corner, help you understand your rights, and fight for the justice you deserve. Contact us today for a Free Consultation at (631) 348-9500.