Hit-and-Run Pedestrian Accidents: Legal Options for Victims in NY

Get help from a Bronx attorney who fights for injured pedestrians

A hit-and-run is like most other pedestrian accidents. It can turn a routine walk into a life-changing moment. One second, you're crossing the street or walking along the sidewalk, and the next, you're on the ground, injured, with no sign of the driver who hit you. The physical pain is only part of the ordeal. As the medical bills pile up, the frustration of not knowing who to hold accountable can feel overwhelming.

Despite the shock and uncertainty, you still have options. Even if the driver never comes forward, you may be able to recover compensation through insurance claims or legal action. Here’s what you need to know about protecting your rights and pursuing justice after a pedestrian hit-and-run.

Why do hit-and-runs happen in NYC?

When a hit-and-run accident happens, some drivers make the reckless decision to flee instead of taking responsibility. Why do they run? Every case is different, but in most hit-and-runs, the driver panics, fears legal trouble, or feels pressured by circumstances. Here are five common reasons drivers leave the scene.

1. Fear of legal consequences

For some drivers, stopping at the scene means facing serious penalties. They may be driving without a valid license, have past traffic violations, or even have outstanding warrants. If they stay, they could face arrest, fines, or lose their ability to drive.

In that moment of impact, fear takes over. Instead of doing the right thing, they hit the gas and disappear into the city’s crowded streets, hoping to avoid being caught.

2. Driving under the influence

Many hit-and-run drivers are under the influence of drugs or alcohol. A driver who’s been drinking may already be struggling to think clearly, and when they hit someone, their first thought is often, I can’t get a DUI.

New York has harsh penalties for driving under the influence, including hefty fines, license suspension, and jail time. To avoid getting caught, an impaired driver might take off, not realizing that fleeing only makes things worse. Some may not even register that they hit someone until the next day when they see the news or notice the damage to their car.

3. Lack of insurance or legal driving status

Not every driver on NYC’s streets has a valid license or insurance. Some have suspended licenses, expired insurance, or no legal right to drive at all. Others may be behind the wheel of a stolen car.

For these drivers, stopping at the scene means facing fines, arrest, or having their car impounded. Instead of taking responsibility, they gamble that they won’t be caught and speed away.

4. Panic and poor judgment

Not all hit-and-run drivers are criminals looking to escape the law. Some are ordinary people who make a terrible, split-second decision. It’s not about avoiding justice; it's about overwhelming panic clouding their judgment. Unfortunately, their fear-driven decision can cost lives.

5. Delivery and rideshare pressures

New York City runs on delivery drivers and rideshare services. With thousands of couriers rushing to drop off food, packages, or passengers, some feel immense pressure to stay on schedule.

A minor accident could mean losing their job or facing financial penalties. Some worry that stopping could lead to hours of lost wages or even termination. In moments of desperation, they may choose to flee, thinking it’s the only way to protect their livelihood.

What should you do immediately after a hit-and-run?

The moments after a hit-and-run can be confusing and stressful, but the actions you take can make a big difference in your recovery, both physically and legally.

First, you should get somewhere safe and call the police. When an officer arrives at the scene, they can create an official police report, speak to witnesses, and document the hit-and-run scene. The police will also likely search for the hit-and-run driver. If you remember any details (e.g., license plate, driver description, vehicle type), provide them to the police to the best of your ability.

If you’re able, take photos of the scene, your injuries, and any damaged property. Write down any details you remember about the vehicle, like the color, make, model, or part of the license plate. Also, check for surveillance cameras. Businesses, traffic lights, and even homes with security systems may have recorded the hit-and-run. This footage can be key to identifying the driver.

Then, get checked for injuries by a doctor. Even if you think you’re okay, some injuries don’t show symptoms right away. Also, document your injuries and medical treatment. Keep track of doctor visits, prescriptions, and ongoing treatments. This helps prove the extent of your injuries when seeking compensation.

What if the at-fault driver is never found?

In a busy city like New York, hit-and-run drivers sometimes manage to escape without being identified. If the driver who hit you is never found, you may worry about how to cover your medical bills and other expenses. Fortunately, several options may still be available to help you recover financially.

If you have auto insurance, your uninsured motorist (UM) coverage may apply, even though you were a pedestrian at the time of the crash. UM coverage can help pay for medical expenses, lost wages, and pain and suffering when the at-fault driver is unknown.

Additionally, New York’s Personal Injury Protection (PIP) coverage may provide compensation for medical bills and lost earnings, regardless of who was at fault. Since New York is a no-fault insurance state, pedestrians injured in car accidents may be able to file a claim under their own PIP coverage or that of a household family member with an auto policy.

Some insurance policies also include medical payments (MedPay) coverage, which helps pay for medical bills regardless of fault. While not as common as PIP in New York, MedPay can still be a valuable resource if it’s included in your policy.

What legal action can you take if the driver is identified?

If police locate the hit-and-run driver, you can file a claim against the at-fault driver’s insurance company. If your damages exceed the PIP limit, the driver’s car insurance should cover:

• Medical expenses for everything from emergency room visits to long-term rehabilitation and future medical care.
• Lost wages and reduced earning capacity, if your injuries prevent you from working.
• Compensation for the physical pain, emotional distress, and impact on your daily life.

The amount you can recover depends on the severity of your injuries, the impact on your life, and the available insurance coverage. However, this process isn’t as simple as it sounds. It requires you to prove that the driver was at fault and their reckless actions led to your injuries. Insurance companies will often dispute fault or downplay your injuries so they can pay you as little as possible.

How can an NYC pedestrian accident lawyer help after a hit-and-run?

If you were hit by a car in New York City and the at-fault driver fled the scene, you may feel overwhelmed and unsure of what to do next. The good news is that a pedestrian accident lawyer can help you explore your options for seeking compensation, whether or not the driver was found.

Giampa Law has been fighting for injured New Yorkers for decades. Our attorneys know how to investigate hit-and-runs, gather evidence, and fight for the maximum compensation you deserve. Even when the insurance companies try to push back against your claim, we’re always a step ahead of them.

We offer personalized legal representation with no upfront costs or hidden fees. To find out how we can help, contact us online for a free consultation or call our Bronx or Westchester offices. If you can’t come to us, we’ll come to you, whether you’re at home, in the hospital, or wherever is most convenient.

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