I was a pedestrian walking on a sidewalk. I saw that a homeowner was getting a delivery. The driver had parked partially on the sidewalk, partially in the street. I was walking around the truck on the street when a car struck me. Fortunately I suffered only minor injuries. Do I have a case against the homeowner for blocking the sidewalk and making me walk into the street?
Probably not.
The temporary blocking of a sidewalk for the purpose of making a delivery is not negligence, a nuisance or otherwise illegal. A pedestrian injured as a result of walking in the roadway may not recover against the owner of the premises for injuries sustained from contact with a vehicle in the roadway. Labriola v Langone, 34 AD2d 809, 311 NYS2d 640 (2d Dept 1970). See also Souffrant v Quality Wholesale Veal Center, Inc., 135 AD2d 398, 521 NYS2d 696 (1st Dept 1987).
Claims Against the Driver
You can make a claim for your medical bills. As explained in a prior post, you make a no fault claim against the driver that struck you. The insurance carrier covering the vehicle will pay you for your medical expenses and lost wages. These no fault (or personal injury protection – PIP) benefits are payable to you regardless of fault in the accident. No fault coverage is like a health insurance rider and disability policy attached to an automobile policy. No fault coverage will also pay you for incidental expenses up to $25 per day.
You may also have a claim for personal injuries against the operator of the vehicle that struck you. In your question, you mentioned that you suffered minor injuries. Under the no fault law, you only have a claim for personal injuries if you have sustained a serious injury. Insurance Law § 5104. The insurance law defines what a serious injury is. Insurance Law § 5102(d). If you look up the statute, you will see a number of confusing categories as well as some categories that are easy to understand. If you have a laceration and a resulting scar, a broken bone, or an injury that keeps you out of work or school 90 out of the first 180 days following the accident, you have sustained a serious injury by definition.
The other categories of serious injury in the statute are greatly disputed. I believe it is fair to say that defining what a serious injury is under the no fault is probably the most litigated issue in the New York jurisprudence. The legal cases interpreting the definition of serious injury are not always consistent and are best analyzed in the context of your particular injuries.
By James Santner, Esq.
If you have questions about a similar situation, feel free to contact us. Consultations are free and there is no fee unless we win.