NO FEES UNLESS WE WIN
NO FEES UNLESS WE WIN
$20+
Million Settled
$50+
Million Recovered
99%
Success Rate
Serving All Brooklyn Neighborhoods
Risk-Free Representation – No Fees Unless We Win Your Case!
Thousands of pedestrians are struck by vehicles annually on Brooklyn streets. If you or someone in your family was hit by a car, truck, or bus while walking, you may be facing serious injuries, medical bills, and lost income.
Brooklyn pedestrian accident lawyer Samantha Kucher of Kucher Law Group represents pedestrians injured in Brooklyn and throughout New York City. Along with attorneys Michael Roitman and Alex Rybakov, we handle pedestrian accident claims from the no-fault filing stage through litigation when necessary. NYC DOT reported that pedestrian fatalities in New York City fell from 122 in 2024 to 111 in 2025. However, Brooklyn remains a focus of Vision Zero pedestrian-safety planning, with corridors such as Atlantic Avenue and Flatbush Avenue repeatedly identified for safety improvements.
This guide explains the types of compensation available after a Brooklyn pedestrian accident, how New York’s no-fault insurance and serious injury threshold affect your claim, what steps to take after a crash, and how the legal process works. Call Kucher Law Group at (929) 563-6780 for a free consultation.
Schedule a free consultation
Book an initial consultation with the top-rated Brooklyn personal injury firm, Kucher Law Group!
Free consultation, 24 hours a day, 7 day a week
Why Choose Kucher Law Group
Your Injury Case is Our Top Priority
At Kucher Law Group, we understand that your injury case isn’t just another file. It’s your life. That’s why we treat every case with the utmost importance, dedicating our top-rated attorneys to fight for the justice and compensation you deserve.
Big Results and Personal Service
We pride ourselves on delivering big results while maintaining a personal touch. Our team combines deep legal knowledge and a proven track record with a commitment to providing individualized attention to each client. You’re not just a number to us; you’re a valued partner in our pursuit of justice.
Always Reliable, Always Responsive
When you need us, we’re there. Our attorneys are available 24/7 to answer your questions and provide support whenever you need it. We believe in being reliable and responsive, ensuring that you’re never left in the dark about your case.
We Don’t Get Paid Until You Do
Our confidence in our ability to secure favorable outcomes is reflected in our payment structure: you don’t pay a penny unless we win your case. We work tirelessly on your behalf, and our success is measured by your success.
Our Mission
At Kucher Law Group, we’re more than just a premier personal injury law firm in New York; we’re your steadfast advocates in seeking justice. Our trial attorneys are dedicated to fighting for the compensation you deserve. What sets us apart? We charge no upfront fees. If we don’t win your case, you don’t pay a penny. We’re here for you, 24/7, ready to provide support and answer any questions you may have when tragedy strikes. Trust in our commitment, confidence in our results, and our unwavering availability to our clients.
Client Testimonial
Macejkovic Jones
5.0
I was in an accident about a couple of years ago, and I was injured really badly. I went to a different law firm but they didn’t actually appear to care too much someone told me about this personal injury lawyer and said to come here instead. They were so nice, I’m so thankful I made the switch. After I changed my car accident lawyer, the entire process moved a lot easier and I was able to get a great settlement and received it quickly too. Definitely happy with my experience and will tell everyone to go here.
Need Help?
Book an initial consultation with top rated Brooklyn Personal Injury Attorneys, Kucher Law Group!
Free consultation, 24 hours a day, 7 day a week
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, extended rehabilitation, or lifelong medical care. Lower-extremity injuries are common in pedestrian crashes, especially fractures and soft-tissue damage to the legs and pelvis. Higher-speed collisions may throw the pedestrian onto the hood or windshield, causing head and torso trauma.
Common pedestrian accident injuries include:
The severity of the injury directly affects the value of a pedestrian accident claim. More serious injuries generally qualify the victim to pursue compensation beyond no-fault benefits, including damages for pain and suffering.
Key Takeaway: Pedestrian accidents commonly cause fractures, brain injuries, and spinal damage. The severity of the injury determines whether you can pursue a claim beyond New York’s no-fault insurance limits. Call Kucher Law Group at (929) 563-6780 to discuss your injuries.
Client Testimonial
Julia Star
5.0
Great personal injury attorneys! Very knowledgeable, experienced and professional with clients. Honest and clear communication every step of the way. They achieve great results!
Brooklyn’s dense traffic, wide arterial roads, and high pedestrian volume create conditions where collisions happen frequently. The most common causes of pedestrian accidents in Brooklyn include:
Not every pedestrian accident is caused by a driver. Poor road design, broken traffic signals, inadequate lighting, and construction obstructions can also contribute. In those situations, a government entity or construction company may share liability. Kucher Law Group investigates every contributing factor, often working with accident reconstruction professionals, to identify all responsible parties.
Key Takeaway: Distracted driving, failure to yield, and speeding are the leading causes of pedestrian accidents in Brooklyn. Identifying the cause is essential to proving negligence and recovering compensation. Contact Samantha Kucher at (929) 563-6780 to begin an investigation into your case.
New York operates under a no-fault insurance system, which means that after a motor vehicle accident, your own insurance company pays certain basic costs regardless of who caused the crash. This system is governed by New York Insurance Law Article 51, and it applies to pedestrians who are struck by a motor vehicle.
Personal Injury Protection (PIP) coverage, commonly called no-fault benefits, provides up to $50,000 per person for:
For pedestrians who do not have their own auto insurance policy, the no-fault claim is typically filed against the insurance of the vehicle that struck them. The claim must be filed within 30 days of the accident.
No-fault benefits cover basic economic losses quickly, without requiring the injured person to prove fault. However, no-fault does not cover pain and suffering, emotional distress, or economic losses that exceed the $50,000 cap. To recover those damages, the injured pedestrian must meet New York’s “serious injury” threshold.
Key Takeaway: New York’s no-fault system provides up to $50,000 in medical and wage benefits for injured pedestrians, but it does not cover pain and suffering. The no-fault claim must be filed within 30 days of the accident. Call Kucher Law Group at (929) 563-6780 if you need help filing your claim.
Schedule a free consultation
Book an initial consultation with the top-rated Brooklyn personal injury firm, Kucher Law Group!
Free consultation, 24 hours a day, 7 day a week
Client Testimonial
Russ Kofman
5.0
Excellent attorneys who I consistently see get multimillion dollars verdicts for their clients.
Need Help?
Book an initial consultation with top rated Brooklyn Personal Injury Attorneys, Kucher Law Group!
Free consultation, 24 hours a day, 7 day a week
To file a lawsuit against the at-fault driver and recover damages for pain and suffering, a pedestrian must demonstrate that their injuries meet the “serious injury” definition under New York Insurance Law § 5102(d). This is often called the serious injury threshold, and it is one of the most litigated issues in New York personal injury cases.
Under § 5102(d), a “serious injury” includes any personal injury that results in:
| Category | Description |
|---|---|
| Death | A wrongful-death claim may be brought by the decedent’s personal representative for eligible distributees |
| Dismemberment | Loss or amputation of a limb or body part |
| Significant disfigurement | Visible scarring or permanent physical alteration |
| Fracture | Any broken bone caused by the accident |
| Loss of a fetus | A miscarriage caused by the collision |
| Permanent loss of use | Complete loss of function of a body organ, member, or system |
| Permanent consequential limitation | Lasting, measurable limitation of a body organ or member |
| Significant limitation of use | Measurable restriction of a body function or system |
| 90/180-day injury | A medically determined injury that prevents substantially all usual daily activities for at least 90 of the 180 days following the accident |
Because pedestrian accidents frequently involve fractures, traumatic brain injuries, and spinal cord damage, many pedestrian victims meet the serious injury threshold. However, insurance companies routinely challenge whether an injury qualifies, often sending the injured person to an independent medical examination (IME) and arguing that the injury has resolved.
Samantha Kucher and the attorneys at Kucher Law Group understand how to document injuries with objective medical evidence, including MRI findings, surgical records, and range-of-motion testing, to prove that the serious injury threshold is met.
Key Takeaway: New York requires pedestrian accident victims to meet the serious injury threshold before they can sue for pain and suffering. Fractures automatically satisfy the serious-injury definition. Other injuries, including brain and spinal injuries, may qualify when supported by objective medical evidence. Kucher Law Group can evaluate whether your injuries meet this standard. Call (929) 563-6780.
Client Testimonial
Marky Cielo
5.0
After my accident in a local store, I never thought I’d need a slip and fall lawyer. But I’m so glad I found them. They were always available to answer my questions, and they provided more than just legal help. Their supportive and understanding attitude, along with their expertise, made a tough time much easier.
Learn More
If your injuries meet the serious injury threshold, you can pursue both economic and non-economic damages against the at-fault driver through their liability insurance or a lawsuit.
Economic damages compensate for financial losses that can be calculated with documentation. These include past and future medical expenses (hospital stays, surgeries, physical therapy, prescription medication, assistive devices), lost wages from time missed at work, reduced future earning capacity if the injury limits your ability to return to your previous occupation, and costs for home modifications or in-home care during recovery.
Non-economic damages compensate for losses that do not have a specific dollar amount but significantly affect your quality of life. These include physical pain and suffering, emotional distress and mental anguish, loss of enjoyment of life, scarring and disfigurement, and loss of consortium (the impact on your relationship with your spouse).
New York does not cap non-economic damages in personal injury cases, which means there is no statutory limit on the amount a jury may award for pain and suffering.
If a pedestrian is killed in a Brooklyn traffic accident, the personal representative of the deceased person’s estate can file a wrongful death lawsuit under New York Estates, Powers and Trusts Law (EPTL) § 5-4.1. The estate’s personal representative brings the wrongful-death claim on behalf of eligible distributees. Recoverable damages can include funeral and burial expenses, medical expenses related to the fatal injury, lost earnings and services, and other pecuniary losses. Any claim for the decedent’s conscious pain and suffering before death is a separate survival claim, not wrongful-death damages.
The deadline to file a wrongful death lawsuit in New York is two years from the date of death, which is shorter than the standard personal injury statute of limitations.
Key Takeaway: Injured pedestrians may recover medical costs, lost wages, pain and suffering, and other damages. Wrongful death claims allow families to seek compensation for a loved one killed in a pedestrian accident. Contact Samantha Kucher at Kucher Law Group to review what your case may be worth. Call (929) 563-6780.
New York follows a pure comparative negligence rule under Civil Practice Law and Rules (CPLR) § 1411. This means that even if the injured pedestrian shares some responsibility for the accident, they can still recover compensation. The total damages award is reduced by the percentage of fault attributed to the pedestrian.
For example, if a pedestrian crossed outside a crosswalk and a jury determines the pedestrian was 30% at fault while the speeding driver was 70% at fault, the pedestrian’s $100,000 award would be reduced to $70,000. Unlike many other states that bar recovery once fault reaches 50% or 51%, New York allows recovery at any fault level below 100%.
Insurance companies commonly argue that the pedestrian crossed outside a crosswalk, was distracted, or entered the roadway against a traffic signal. These arguments may reduce the award, but they do not eliminate the right to compensation. Alex Rybakov and the litigation team at Kucher Law Group work to minimize the percentage of fault assigned to pedestrian clients by gathering traffic camera footage, witness statements, and signal timing records.
Key Takeaway: Under New York’s pure comparative negligence law, pedestrians can recover compensation even if they were partially at fault. Damages are reduced by the pedestrian’s percentage of responsibility, but they are not eliminated.
The steps you take in the hours and days following a pedestrian accident can significantly affect the strength of your injury claim. If you are physically able, take the following actions:
Kucher Law Group can handle the investigation from the start, securing surveillance footage from nearby businesses and traffic cameras, obtaining the police report, and coordinating with medical providers to build a complete record of the client’s injuries and treatment.
Key Takeaway: Call 911, get medical treatment immediately, document the scene, and contact an attorney before speaking with any insurance company. Early evidence preservation can make a significant difference in the outcome of your case. Call Kucher Law Group at (929) 563-6780.
New York law sets strict deadlines for filing personal injury and wrongful death lawsuits. Missing the deadline typically means losing the right to seek compensation entirely.
For personal injury claims, the statute of limitations is three years from the date of the accident under CPLR § 214. For wrongful death claims, the deadline is two years from the date of death under EPTL § 5-4.1. If the claim involves a city entity, a city vehicle, or certain roadway or sidewalk defects, a Notice of Claim is generally required within 90 days, and a suit against the municipality is often subject to a one-year-and-90-day deadline.
Even though three years may seem like a substantial amount of time, evidence deteriorates quickly. Surveillance footage is often overwritten within 30 to 60 days. Witness memories fade. Medical records are most detailed when treatment begins promptly. Acting quickly protects the value of your claim. Samantha Kucher recommends contacting an attorney as soon as possible after a pedestrian accident to preserve critical evidence.
Key Takeaway: You generally have three years to file a personal injury lawsuit and two years for wrongful death. Claims against a city entity require a 90-day Notice of Claim. Contact Kucher Law Group promptly to protect your rights.
Kucher Law Group represents pedestrian accident victims throughout Brooklyn and New York City, including: Bedford-Stuyvesant, Williamsburg, Bushwick, Crown Heights, Flatbush, East Flatbush, Park Slope, Bay Ridge, Sunset Park, Borough Park, Bensonhurst, Sheepshead Bay, Coney Island, Brighton Beach, Brownsville, East New York, Canarsie, Downtown Brooklyn, Fort Greene, Clinton Hill, Prospect Heights, Prospect Lefferts Gardens, Greenpoint, Red Hook, Carroll Gardens, Cobble Hill, Dyker Heights, Midwood, and all surrounding neighborhoods in Kings County.
Being struck by a vehicle while walking can change your life in an instant. Medical bills, lost income, and physical pain create financial and emotional pressure that compounds over time. You do not have to handle the insurance process alone.
Samantha Kucher has represented injured pedestrians throughout Brooklyn for years, recovering millions of dollars in settlements and verdicts. We handle cases involving distracted drivers, hit-and-run accidents, crosswalk collisions, and crashes caused by unsafe road conditions. Kucher Law Group represents clients across all five boroughs. Kucher Law Group offers free consultations for pedestrian accident victims.
Call us at (929) 563-6780 to schedule your free case evaluation today.
Risk-Free Representation – No Fees Unless We Win Your Case!
Schedule a free consultation
Yes. New York follows a pure comparative negligence rule under CPLR § 1411. Even if you were jaywalking or crossing against the signal, you can still recover compensation. Your damages will be reduced by your percentage of fault, but you are not barred from filing a claim unless you were 100% responsible for the accident.
If the driver cannot be identified, you may be able to file a claim through the Motor Vehicle Accident Indemnification Corporation (MVAIC). Hit-and-run cases have additional deadlines: the crash generally must be reported to police within 24 hours, and a Notice of Intention generally must be filed with MVAIC within 90 days when the vehicle is unidentified.
The timeline depends on the severity of the injuries, the complexity of the liability issues, and whether the case settles or goes to trial. Many cases settle within 12 to 18 months after the injured person reaches maximum medical improvement. Cases that go to trial in Kings County may take two to three years from the date of filing.
Yes. Under New York law, motor vehicle accidents that result in injury or death must be reported to law enforcement. The police report documents the parties involved, the location, and preliminary observations about the cause. This report is an important piece of evidence in your claim.
After a pedestrian accident, the injured person must file a no-fault application with the appropriate insurance company within 30 days of the accident. Failing to meet this deadline can result in the denial of your no-fault benefits. Kucher Law Group can file this application on your behalf.
Client Testimonial
Sylvia Fife
5.0
I found the Kucher Law Group a source of support. In addition, I now feel as though some sense of justice was offered, I only wish this crash had never taken place, but, many thanks for your caring support during these challenging months. I’m so happy that you are ready to help and to correct some of the injustices that are imposed on innocent people via terrible accidents.
