Manhattan Injuries

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Did we miss the deadline if Manhattan school-zone crash blame is split?

New York pedestrian-injury settlements vary a lot, but many serious Manhattan crash cases fall somewhere between $25,000 and $500,000+.

No - shared fault does not kill a New York injury claim, but you may be running into a real filing deadline depending on who hit your family member.

New York uses pure comparative negligence under CPLR 1411. That means even if the insurer says your spouse or child was partly at fault - crossing outside the crosswalk, looking at a phone, stepping out from between cars, or moving against the signal - they can still recover money. The catch is their compensation gets reduced by their percentage of fault.

The bigger danger is timing.

If it was a regular private driver in Manhattan, the usual deadline to sue is 3 years from the crash date. But if the vehicle was connected to a public entity - like an MTA bus, a New York City school bus contractor with a city claim issue, or another City of New York vehicle - you may need a Notice of Claim within 90 days. Claims against New York City typically go through the NYC Comptroller, and lawsuits are often due within 1 year and 90 days.

If your family member was a pedestrian hit by a car, New York's no-fault system also matters. An application for no-fault benefits usually must be filed within 30 days with the relevant auto insurer. A lawsuit for pain and suffering usually requires meeting the serious injury threshold.

Fault gets decided through things like NYPD reports, school-zone camera footage, nearby store video, bus or vehicle data, witness statements, crosswalk signals, and medical records showing how the impact happened.

If the crash happened near a Manhattan school or bus stop, check immediately whether any city or transit vehicle was involved. That 90-day deadline is the one families miss.

by Priya Sharma on 2026-03-23

We provide information, not legal advice. Laws change and every accident is different. An experienced attorney can evaluate your specific case at no cost.

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