Hit by a Turning Vehicle in a Crosswalk: Fault, No-Fault, and What Your Case Is Worth

Posted on October 27, 2026 by Eric Richman, Esq.

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In the first three months of 2026, turning vehicles were involved at 66 of the 188 New York City locations where a pedestrian was killed or seriously hurt [1]. That is roughly one in three, and the turning-vehicle crash data for Manhattan shows the left turn doing most of the damage [2].

A pedestrian hit by a turning car has two separate claims to think about. One is with the driver’s no-fault insurer, which pays medical bills no matter who caused the crash. The other is against the driver, and New York changed the rules for that claim in May 2026. This guide covers both.

Who Has the Right of Way

Rule What It Says
Turning on a green light A driver turning on a green signal must yield to pedestrians lawfully in the crosswalk
NYC Right of Way Law A driver who fails to yield and injures a pedestrian with the right of way commits a misdemeanor, unless the driver used due care
Walk signal at the time 34.6% of pedestrians killed or seriously hurt in early 2026 were crossing with the signal

Sources: Vehicle and Traffic Law §1111 [3]; NYC Local Law 29 of 2014 [4]; NYC Department of Transportation, SIRTA Q1 2026 [1].

The law puts the burden on the turning driver. A pedestrian with the walk signal doesn’t have to wait for the car [3]. Failure to yield was the most common violation police issued at serious-crash scenes in early 2026 [1].

Left turns carry more risk than right turns. In DOT’s left-turn study, left-turning drivers accounted for 19% of pedestrians and cyclists killed or seriously injured, against 6% for right turns [2]. The vehicle’s front pillar can hide seven feet of crosswalk from the driver [2].

How Fault Is Shared After May 26, 2026

New York used to reduce a pedestrian’s award by their share of fault, however large it was [5]. A 2026 budget law changed that for motor vehicle injury cases filed on or after May 26, 2026 [6]. If the injured person is more at fault than the driver, they now recover nothing for the injury claim [5].

Pedestrian’s Share of Fault Case Filed Before May 26, 2026 Case Filed On or After May 26, 2026
20% Award reduced by 20% Award reduced by 20%
50% Award reduced by 50% Award reduced by 50%
60% Award reduced by 60% No recovery

Sources: Civil Practice Law and Rules §1411 [5]; NY Department of Financial Services, Insurance Circular Letter No. 3 (2026) [6].

A driver’s insurer can argue that the pedestrian stepped out against the signal. Under the new rule, a finding like that carries higher stakes. Signal timing records and video from the corner can settle the question.

What No-Fault Pays

The no-fault coverage on the car that hit you generally pays first, regardless of fault [7].

No-Fault Benefit What It Covers Limit
Basic economic loss Medical and rehabilitation costs, plus lost earnings $50,000 per person
Lost earnings Wages you would have earned $2,000 per month, for up to 3 years
Pain and suffering Not covered by no-fault Requires a claim against the driver

Source: New York Insurance Law §5102 [7].

A claim for pain and suffering requires a “serious injury” under state law [8]. The list includes a fracture, significant disfigurement, and permanent or significant limits on the use of a body part [7]. The 2026 law removed one category, for injuries that kept a person from daily activities for 90 of the first 180 days [6]. That change applies to cases filed on or after May 26, 2026 [6].

What Your Case Is Worth

No formula sets the value of a pedestrian case, and settlement values in New York vary widely by injury. These factors shape the number.

Factor Why It Matters
Type of injury Pain and suffering is only available for a serious injury, such as a fracture
Your share of fault It reduces the award, and above 50% it can end the claim
The driver’s policy limits New York’s minimum is $25,000 for injury to one person
Evidence from the corner Video and signal records show who had the right of way

Sources: Insurance Law §5102 [7]; CPLR §1411 [5]; NY Department of Motor Vehicles [9]; Vehicle and Traffic Law §1111 [3].

Results from Eric Richman’s pedestrian accident cases show how those factors play out. Each figure appears on the settlements page.

What Happened Result
Pedestrian run over in a crosswalk by an inattentive driver; multiple back fractures and surgery $1.5 million
Pedestrian struck while crossing the street; months in the hospital with fractures and head injuries $1.1 million
Pedestrian struck by a truck reversing the wrong way down a one-way street $750,000
Elderly woman struck while crossing Ocean Parkway in Brooklyn $225,000

Source: Richman Law, Settlements and Verdicts [10]. Past results do not guarantee a similar outcome.

Building a Turning-Vehicle Case

In the $1.5 million crosswalk case, Eric Richman proved the driver’s liability to the judge before trial. The case then went forward on damages alone. Video from nearby buildings can be recorded over, and how quickly someone requests it can shape a turning-vehicle claim.

Direct cell phone access is one reason Eric Richman appears among Manhattan’s pedestrian accident lawyers, and Spanish-speaking clients have in-house interpreter support.

If a turning driver hit you in a crosswalk and you need legal guidance or would like to discuss your case, contact Eric Richman at (212) 688-3965 for a free consultation.

Frequently Asked Questions

Who is at fault if a turning car hits me in a crosswalk?

Usually the driver. Vehicle and Traffic Law §1111 requires a driver turning on a green light to yield to pedestrians lawfully in the crosswalk, and New York City makes an injury from failing to yield a misdemeanor.

Does no-fault insurance cover a pedestrian hit by a car?

Yes. The car’s no-fault coverage generally pays up to $50,000 in medical bills and lost wages, regardless of who caused the crash. It does not pay for pain and suffering.

Can I still recover if I was partly at fault?

Yes, but your award is reduced by your share of fault. For cases filed on or after May 26, 2026, a pedestrian found more at fault than the driver recovers nothing on the injury claim.

Sources

1. NYC Department of Transportation. (2026). Serious Injury Response, Tracking & Analysis Program (SIRTA) quarterly report, Q1 2026. https://www.nyc.gov/html/dot/downloads/pdf/sirta-report-q1-2026.pdf

2. NYC Department of Transportation. (2016). Don’t cut corners: Left turn pedestrian & bicyclist crash study. https://www.nyc.gov/html/dot/downloads/pdf/left-turn-pedestrian-and-bicycle-crash-study.pdf

3. New York State Senate. Vehicle and Traffic Law §1111: Traffic-control signal indications. https://www.nysenate.gov/legislation/laws/VAT/1111

4. New York City Council. Local Law 29 of 2014 (Administrative Code §19-190). https://intro.nyc/local-laws/2014-29

5. New York State Senate. Civil Practice Law and Rules §1411. https://nysenate.gov/legislation/laws/CVP/1411

6. New York State Department of Financial Services. (2026, July 1). Insurance Circular Letter No. 3 (2026). https://www.dfs.ny.gov/industry-guidance/circular-letters/c32026-01

7. New York State Senate. Insurance Law §5102: Definitions. https://nysenate.gov/legislation/laws/ISC/5102

8. New York State Senate. Insurance Law §5104: Causes of action for personal injury. https://nysenate.gov/legislation/laws/ISC/5104

9. New York State Department of Motor Vehicles. Insurance requirements. https://dmv.ny.gov/insurance/insurance-requirements

10. Richman Law. Settlements and verdicts. https://richman-law.com/settlements/

The information provided on this blog is intended for general informational purposes only and should not be considered legal advice. Viewing or interacting with this content does not establish an attorney-client relationship with Eric Richman, and any communications through this platform do not constitute confidential or privileged information. For personalized legal guidance on your specific personal injury case, please contact our firm to schedule a consultation.

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In the face of life-changing injuries due to negligence, a legal team well-versed in complex personal injury cases is crucial. Reach out to the Law Office of Eric Richman to find out if we can assist.

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