Brooklyn Pedestrian Accident Lawyers
Brooklyn led NYC boroughs in pedestrian fatalities in 2019 with 34 deaths. Tillary at Flatbush Extension is NYC's most dangerous intersection. We take these cases to trial.
Brooklyn pedestrians face NYC's deadliest intersections
Brooklyn led NYC boroughs in pedestrian fatalities in 2019 with 34 deaths and continued to record elevated pedestrian deaths through 2024. Tillary Street at Flatbush Avenue Extension averages roughly 180 crashes annually and has been called New York City's most dangerous intersection. Atlantic Avenue at Pennsylvania Avenue in East New York / Crown Heights records 130+ crashes per year. Linden Boulevard at Pennsylvania, Ocean Parkway at Church Avenue, and the Belt Parkway service roads all produce regular pedestrian strikes.
Brooklyn's pedestrian-fatality concentration is structural. Wide multi-lane corridors (Atlantic Avenue, Flatbush Avenue, Eastern Parkway, Ocean Parkway) carry city traffic past dense residential and commercial blocks where crosswalk timing favors vehicle throughput over pedestrian safety. Add red-light running, speeding, distracted driving, and rideshare-driver behavior, and the pedestrian risk is constant.
Brooklyn corridors and intersections with documented pedestrian risk
- Tillary Street at Flatbush Avenue Extension. NYC's most dangerous intersection, ~180 crashes/year.
- Atlantic Avenue at Pennsylvania Avenue. 130+ crashes annually, documented fatalities.
- Linden Boulevard at Pennsylvania Avenue. One of the deadliest in the borough, high speeds, red-light running.
- Ocean Parkway at Church Avenue. Pedestrian-related crash cluster.
- Belt Parkway service roads. Approaches concentrate pedestrian strikes.
- Atlantic Avenue throughout Brooklyn. 5 fatal and 359 injury crashes in 2023; major east-west pedestrian corridor.
- Flatbush Avenue at Empire Boulevard (Prospect Lefferts Gardens). Multi-lane merging crashes involving pedestrians.
- Eastern Parkway at Utica Avenue. Transit hub with heavy pedestrian volume.
- Sterling Place at Kingston Avenue (Crown Heights). Pedestrian-injury cluster during peak hours.
Deadlines and statutes
- CPLR 214(5). Three-year personal-injury SOL.
- EPTL 5-4.1. Two years from date of death for wrongful death.
- GML 50-e. 90-day Notice of Claim for NYC, NYCHA, MTA, NYC Health + Hospitals.
- Insurance Law 5103. No-fault PIP for pedestrians struck by motor vehicles.
- Insurance Law 5102(d). Serious-injury threshold for tort recovery.
- VTL 388. Vehicle owner liability for permissive use.
- General Obligations Law 11-101 (Dram Shop Act). Bar / restaurant liability.
- NYC Administrative Code 7-201. Prior written notice for sidewalk and roadway defects against the city.
- MVAIC (Article 52 Insurance Law). Coverage for hit-and-run pedestrians, 90-day notice.
- CPLR 1411. Pure comparative negligence.
Where Brooklyn pedestrian cases are filed
Kings County Supreme Court at 360 Adams Street, Brooklyn handles civil cases with unlimited jurisdiction. Appeals go to the Appellate Division, Second Department. For NYC public-vehicle crashes, a Notice of Claim must be served on the NYC Comptroller at 1 Centre Street within 90 days.
What to do after a Brooklyn pedestrian crash
- Get medical care immediately. Kings County Hospital, Brookdale, NewYork-Presbyterian Brooklyn Methodist, Maimonides, Coney Island Hospital, Interfaith, and Woodhull treat pedestrian trauma.
- Get the NYPD accident report number.
- File the no-fault PIP application within 30 days with the insurer of the vehicle that struck you.
- If hit-and-run, file MVAIC notice within 90 days.
- Do not give a recorded statement to the driver's insurer.
- Photograph the scene, the crosswalk (or absence), traffic signals, the vehicle, and your injuries.
- Get witness contact information.
Related analysis from our team
- Pedestrian Deaths in NYC: Data and Trends
- Brooklyn's Most Dangerous Intersections
- New York No-Fault Insurance, Explained
- Brooklyn Personal Injury Lawyers
- NYC Pedestrian Accident Lawyers
NYC Department of Transportation. Vision Zero pedestrian fatality data.
https://www.nyc.gov/site/visionzero/index.pageNYPD TrafficStat and NYC Open Data. Motor Vehicle Collisions dataset.
https://data.cityofnewyork.us/Public-Safety/Motor-Vehicle-Collisions-Crashes/h9gi-nx95NYC Comptroller. Annual Claims Report.
https://comptroller.nyc.gov/reports/annual-claims-report/New York Civil Practice Law and Rules §§ 208, 214, 1411.
https://www.nysenate.gov/legislation/laws/CVPNew York Insurance Law §§ 5102(d), 5103, Article 52.
https://www.nysenate.gov/legislation/laws/ISCNew York General Municipal Law §§ 50-e, 50-i.
https://www.nysenate.gov/legislation/laws/GMU/50-ENYC Administrative Code §§ 7-201, 7-210.
https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-1New York Vehicle and Traffic Law § 388.
https://www.nysenate.gov/legislation/laws/VATNew York General Obligations Law § 11-101.
https://www.nysenate.gov/legislation/laws/GOBFrequently Asked Questions
How dangerous is walking in Brooklyn?
Brooklyn had the highest pedestrian fatalities among NYC boroughs in 2019 with 34 deaths. The first nine months of 2024 saw continued elevated pedestrian deaths in Brooklyn. Hot spots cluster on Atlantic Avenue, Flatbush Avenue, Eastern Parkway, Ocean Parkway, and the Belt Parkway approaches. Tillary Street at Flatbush Avenue Extension averages ~180 crashes annually and is named NYC's most dangerous intersection.
Where are Brooklyn pedestrian accident lawsuits filed?
Kings County Supreme Court at 360 Adams Street, Brooklyn handles civil cases with unlimited jurisdiction, the correct venue for any serious pedestrian injury claim. Kings Civil Court at 141 Livingston Street handles claims up to $50,000. Appeals go to the Appellate Division, Second Department. For pedestrian crashes involving NYC vehicles, MTA buses, NYC Sanitation trucks, NYPD or FDNY vehicles, or NYCHA vehicles, a Notice of Claim must be served on the NYC Comptroller within 90 days under General Municipal Law 50-e.
Does no-fault insurance cover Brooklyn pedestrians hit by a car?
Yes. New York Insurance Law 5103 covers pedestrians struck by motor vehicles. Personal Injury Protection (PIP) benefits up to $50,000 cover medical expenses and lost wages regardless of fault. PIP comes from the policy of the vehicle that struck the pedestrian. If the vehicle was uninsured or unidentified (hit-and-run), the Motor Vehicle Accident Indemnification Corporation (MVAIC) provides coverage with a 90-day notice requirement. To sue the driver for pain and suffering, the pedestrian must clear the 'serious injury' threshold under Insurance Law 5102(d).
What are Brooklyn's deadliest pedestrian intersections?
Tillary Street at Flatbush Avenue Extension is NYC's most dangerous intersection (~180 crashes/year). Atlantic Avenue at Pennsylvania Avenue: 130+ crashes annually with documented pedestrian fatalities. Linden Boulevard at Pennsylvania Avenue in East New York is described as one of the deadliest in the borough with high speeds and red-light running. Ocean Parkway at Church Avenue concentrates pedestrian-related crashes. The Belt Parkway service roads see high pedestrian crash volumes. Atlantic Avenue corridor in Bedford-Stuyvesant and Crown Heights produces frequent pedestrian strikes.
What is the statute of limitations for a Brooklyn pedestrian case?
Three years from the accident date for personal injury under CPLR 214(5). Two years from date of death for wrongful death under EPTL 5-4.1. PIP application within 30 days. For government-vehicle cases, 90-day Notice of Claim under GML 50-e and 1 year and 90 days to commence suit. Hit-and-run claims through MVAIC require notice within 90 days. Minors toll the clock until age 18 under CPLR 208.
Who can be liable when a Brooklyn pedestrian is hit?
Primarily the at-fault driver. Liability often extends. The driver's employer if working (commercial truck, MTA bus, NYC Sanitation, delivery van. Amazon, UPS, FedEx). The vehicle owner under VTL 388 if different from the driver. NYC if a defective traffic signal, missing crosswalk, or faded paint contributed (subject to prior-written-notice rules under NYC Administrative Code 7-201). The bar or restaurant under Dram Shop Act 11-101 if the driver was visibly intoxicated when served. NYCHA for crashes on housing-authority property.
What compensation is available in a Brooklyn pedestrian case?
Past and future medical expenses, lost wages and loss of future earning capacity, pain and suffering, permanent impairment, loss of consortium, and in fatal cases pecuniary loss to the statutory distributees under EPTL 5-4.3. Pedestrian injuries from NYC speeds are routinely catastrophic: traumatic brain injuries, multiple fractures, internal injuries, amputations. Kings County juries return strong plaintiff verdicts in clear-liability pedestrian cases. Brooklyn pedestrian settlements and verdicts in serious cases regularly reach seven and eight figures.
What should I do after a Brooklyn pedestrian crash?
Get medical care immediately. Kings County Hospital, Brookdale, NewYork-Presbyterian Brooklyn Methodist, Maimonides, Coney Island Hospital, Interfaith, and Woodhull treat pedestrian-strike trauma. Get the police report number from NYPD. File the no-fault PIP application within 30 days with the insurer of the vehicle that struck you. If hit-and-run, file MVAIC notice within 90 days. Do not give a recorded statement to the driver's insurer. Photograph the scene, the crosswalk (or absence of one), traffic signals, the vehicle, and your injuries.