Hit by a Taxi or Truck in New York City? How Commercial Vehicle Pedestrian Claims Work

A pedestrian who is hit by a taxi or commercial truck can suffer severe injury. In contrast to a conventional accident involving two privately owned cars, a commercial vehicle collision may involve a business, vehicle owner, employer, fleet operator, taxi or limousine company, or other possibly liable parties. The vehicle may also be subject to unique insurance needs and regulatory guidelines.

Pedestrians injured in these crashes may be eligible for no-fault payments for medical treatment and some economic losses, as well as the right to file a responsibility claim if the circumstances fulfill New York’s legal requirements. Understanding how these claims function can assist an injured pedestrian in safeguarding their rights following a collision.

What to Do Immediately After Being Hit by a Taxi or Truck in New York City

The first thing you do after being struck by a commercial vehicle should be to seek medical attention. Call 911, get emergency treatment if needed, and follow the advice of your healthcare specialists. Some pedestrian injuries, including internal injuries, fractures, and head trauma, may not be immediately obvious.

If you are physically capable, document the accident scene. Take photographs or videos of the vehicle, its license plate or commercial markings, the intersection, traffic signals, crosswalk, road conditions, and your visible injuries. Obtain witnesses’ contact information and keep copies of medical records and bills.

You should also notify the police about the accident and get information identifying the car and driver. Do not expect that your insurance company will keep the evidence for you. Commercial cars may have surveillance systems, onboard cameras, computer records, driver logs, or other evidence that becomes increasingly difficult to get over time.

Why a Commercial Vehicle Claim Is Different From a Regular Car Accident

Commercial cars may be required to meet specialized license, inspection, maintenance, and insurance standards. A taxi, for example, may be licensed by the New York City Taxi and Limousine Commission (TLC), while a commercial truck operating in interstate commerce may be subject to federal motor-carrier regulations.

The commercial nature of the vehicle may result in extra sources of evidence and, potentially, more insurance coverage. It can also make determining who is legally liable more difficult than in a typical private-car incident.

Your Two Claims: No-Fault Benefits vs. a Liability Lawsuit

A pedestrian hit by a motor vehicle may have two separate avenues for recovering compensation: no-fault benefits and a liability claim.

These serve different purposes. No-fault benefits are intended to provide certain economic benefits without requiring the pedestrian to prove that the driver was negligent. A liability lawsuit, by contrast, generally requires proof that another party was legally responsible for causing the accident.

What no-fault (PIP) pays a pedestrian’s medical bills and partial lost wages

New York’s no-fault system provides first-party benefits for basic economic loss arising from injuries caused by the use or operation of a motor vehicle. Under current law, basic economic loss is generally capped at $50,000 per person and includes necessary medical expenses and certain lost earnings. Lost earnings are subject to a statutory limit of $2,000 per month for up to three years, with a 20% reduction applied under the current first-party-benefit formula.

No-fault benefits are available regardless of driver negligence. They are therefore particularly important immediately after a pedestrian accident.

When you can step outside no-fault to sue for pain and suffering

No-fault does not generally provide compensation for pain and suffering. To pursue non-economic damages in a motor vehicle accident, an injured person generally must establish a qualifying serious injury under New York’s no-fault law.

This distinction is important because a pedestrian may receive no-fault benefits for covered economic losses while separately pursuing a negligence claim against the responsible party for damages such as pain and suffering when the statutory requirements are met.

Do Your Injuries Meet New York’s Serious Injury Threshold?

New York Insurance Law Section 5102(d) defines “serious injury” as death, major disfigurement, permanent loss or limitation of use of specific body functions or organs, considerable limitation of use of a body function or system, and fractures.

This means that a pedestrian with a qualifying fracture may meet the statutory serious injury criterion. Other injuries may potentially qualify based on their severity and medical evidence.

Meeting the criteria does not automatically prove responsibility or ensure compensation. The injured individual must still establish the legal foundation for their claim and demonstrate the losses caused by the accident.

Who Can Be Held Liable: Taxi vs. Truck

The potentially responsible parties depend on how the crash occurred and how the commercial vehicle was being operated.

In a taxi accident, potential defendants can include the taxi driver, vehicle owner, medallion owner, or other business entities depending on the ownership and operating arrangement. TLC-licensed vehicles are subject to specific insurance and regulatory requirements.

In a truck accident, potential defendants can include the truck driver, trucking company, vehicle owner, leasing company, maintenance provider, or another party whose negligence contributed to the collision. If the truck was being operated as part of a business, the employer may potentially be responsible for an employee’s negligent conduct under applicable law.

A careful investigation is important because the party listed on the vehicle registration is not necessarily the only party that may have legal responsibility.

How Much Insurance Covers a Taxi or Truck That Hits You (2026 Limits)

The amount of insurance available after a commercial vehicle crash depends on the vehicle, its use, its size, the applicable regulations, and the specific policy.

For NYC TLC-licensed vehicles, current TLC requirements vary by vehicle type and seating capacity. For example, TLC’s current requirements for certain 1–7 passenger livery and black-car vehicles include $100,000 per person and $300,000 per occurrence in liability coverage, while other vehicle categories have higher requirements. TLC also currently requires $100,000 in PIP coverage for certain licensed vehicles following its 2025 insurance-rule changes.

Trucks can carry substantially different levels of insurance. Federal requirements for certain for-hire property carriers operating interstate with vehicles having a GVWR of 10,001 pounds or more require at least $750,000 in financial responsibility for non-hazardous property transportation. Higher limits can apply to hazardous materials and other specialized operations.

These are minimum regulatory requirements, not necessarily the total insurance available in a particular case. A commercial carrier may have additional coverage.

What If You Were Outside the Crosswalk or Partly at Fault?

Being outside a crosswalk does not necessarily mean that a pedestrian automatically loses the right to recover compensation. Liability depends on the specific facts, including the actions of the pedestrian and driver, traffic conditions, visibility, traffic signals, and applicable New York traffic laws.

New York follows comparative-fault principles. If an injured pedestrian is found partially responsible for an accident, their recovery may be reduced according to their percentage of fault rather than automatically eliminated.

Evidence That Can Prove Your Claim — and Why It Disappears Fast

Evidence can be particularly important in commercial vehicle pedestrian cases because the vehicle and company may possess records that are not available to the injured party. Potential evidence includes:

• Police accident reports and crash investigations
• Photographs and videos from the scene
• Traffic-camera or nearby business surveillance footage
• Dashcam and vehicle-camera recordings
• Witness statements and contact information
• Taxi or commercial vehicle licensing records
• Driver employment and training records
• Vehicle inspection and maintenance records
• Electronic driver or vehicle data
• Delivery records, dispatch information, or route records
• Medical records and photographs of injuries

Some evidence may be retained only for a limited period. Surveillance footage can be overwritten, vehicles can be repaired or sold, and electronic records may become more difficult to obtain. Prompt legal investigation can therefore be important after a serious commercial vehicle crash.

Deadlines You Can’t Miss After a Taxi or Truck Accident

Pedestrians should not assume that they have three years to handle every aspect of a commercial vehicle injury claim.

For no-fault benefits, written notice generally must be provided within 30 days of the accident, subject to limited exceptions.

For a standard personal injury lawsuit, CPLR § 214 generally provides a three-year limitations period. However, this deadline does not apply universally.

The rules can be substantially different when the vehicle is owned or operated by a municipality or other governmental entity. Under General Municipal Law § 50-e, a Notice of Claim generally must be served within 90 days after the claim arises when such notice is required.

A governmental defendant may also demand a § 50-h hearing, which can involve questioning the injured person about the accident and injuries and may include a physical examination. New York law generally permits the claimant to have an attorney present at the examination.

Injured by a Commercial Vehicle? Talk to an NYC Pedestrian Accident Lawyer

Being struck by a taxi or commercial truck can leave a pedestrian facing serious injuries, medical expenses, lost income, and a difficult recovery. The legal and insurance issues can also be more complicated than those involved in an ordinary car accident.

Greenberg & Stein, P.C. can investigate the circumstances of a pedestrian accident, identify potentially responsible parties, examine available insurance coverage, and help determine whether the injuries meet New York’s serious-injury requirements.