BROOKLYN, NY – Thousands of pedestrians are struck by vehicles each year on Brooklyn streets, often resulting in serious injuries and long recovery periods. Brooklyn pedestrian accident attorney Samantha Kucher of Kucher Law Group (https://www.rrklawgroup.com/new-york-city-pedestrian-injury-lawyer/) is providing guidance on the legal rights available to pedestrians injured in New York City crashes, the insurance rules that apply, and the steps injured individuals should take to protect a claim.
According to Brooklyn pedestrian accident attorney Samantha Kucher, pedestrians have no protective barrier between their bodies and a moving vehicle. Even a collision at 20 or 25 miles per hour can cause injuries that require surgery, long-term rehabilitation, or lifelong medical care. “Lower-extremity fractures, traumatic brain injuries, and spinal cord damage are some of the most common outcomes in pedestrian cases,” Kucher explains. “The severity of the injury directly affects what compensation may be available.”
Brooklyn pedestrian accident attorney Samantha Kucher notes that New York operates under a no-fault insurance system governed by Insurance Law Article 51. Personal Injury Protection coverage provides up to $50,000 per person for reasonable medical expenses, a portion of lost earnings up to $2,000 per month for up to three years, and certain other related costs. For pedestrians without their own auto policy, the no-fault claim is typically filed against the insurance of the vehicle that struck them, and the application generally must be submitted within 30 days of the accident.
However, attorney Kucher points out that no-fault benefits do not cover pain and suffering or damages exceeding the $50,000 cap. To recover those additional amounts, an injured pedestrian must meet the serious injury threshold under New York Insurance Law Section 5102(d). Qualifying categories include bone fractures, significant disfigurement, permanent loss of use of a body organ or system, and medically determined injuries that prevent substantially all usual daily activities for at least 90 of the 180 days following the accident.
“Insurance companies routinely challenge whether an injury qualifies as serious,” Kucher observes. “Objective medical evidence, including MRI findings, surgical records, and range-of-motion testing, is often what makes the difference between a denied claim and a successful one.” Attorney Michael Roitman, a trial attorney at the firm, works alongside Kucher on pedestrian accident litigation that requires proof of the serious injury threshold.
The firm points out that common causes of pedestrian crashes in Brooklyn include distracted driving, failure to yield at crosswalks under Vehicle and Traffic Law Section 1151, speeding, impaired driving, and unsafe left turns at intersections. Under VTL Section 1151-a, drivers emerging from driveways, alleyways, or private roads must yield to pedestrians on the sidewalk. Poor road design, broken signals, and inadequate lighting may also contribute, in which case a government entity or construction company could share liability.
Under CPLR Section 1411, New York follows pure comparative negligence, which allows injured pedestrians to recover compensation even if they share some fault for the accident. The total damages award is reduced by the percentage assigned to the pedestrian, but the right to recover is not eliminated unless the pedestrian is fully responsible. Insurance adjusters commonly argue that an injured person crossed outside a crosswalk or entered the roadway against a signal in order to reduce the payout.
Kucher advises injured pedestrians to call 911 immediately, accept medical treatment even if injuries seem minor, document the scene when possible, and avoid giving recorded statements to insurance adjusters before consulting a lawyer. For personal injury claims, the statute of limitations under CPLR Section 214 is generally three years from the date of the accident, while wrongful death claims must be filed within two years of death under EPTL Section 5-4.1. Claims involving city entities often require a Notice of Claim within 90 days.
For those injured in a Brooklyn pedestrian crash, contacting an experienced injury attorney early can help preserve surveillance footage, witness statements, and other time-sensitive evidence that strengthens a claim.
About Kucher Law Group:
Kucher Law Group is a Brooklyn-based personal injury firm serving clients across Kings County and New York City. Led by attorney Samantha Kucher, with co-founders Michael Roitman and Alex Rybakov, the firm represents pedestrians, drivers, and other accident victims in claims involving motor vehicle crashes, premises liability, and wrongful death. For consultations, call (929) 563-6780.
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Email: contact@rrklawgroup.com
Website: https://www.rrklawgroup.com/
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Company Name: Kucher Law Group
Contact Person: Samantha Kucher
Email: Send Email
Phone: (929) 563-6780
Address:463 Pulaski St #1c
City: Brooklyn
State: New York 11221
Country: United States
Website: https://www.rrklawgroup.com/
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