If you’ve ever walked the streets of New York, you know how the city’s fast-paced, dense environment makes car-pedestrian accidents more likely. But what happens if you’re involved in one?
Our New York personal injury attorneys explain when pedestrians are legally protected and situations where pedestrians may be at fault below.
When Do Pedestrians Not Have the Right-of-Way?
While New York gives pedestrians quite a few protections, there are situations where they don’t apply, including:
- Crossing Outside of Crosswalks: If someone crosses the street outside of a marked crosswalk, commonly called jaywalking, they don’t automatically have the right-of-way. In this case, it’s up to the pedestrian to wait until the road is clear before crossing.
- Dangerous Situations: Pedestrians also can’t step into traffic in a way that puts themselves and drivers at risk. For example, suddenly leaving the curb and walking in front of a moving car is against the law.
- Overpasses and Tunnels: On streets with overpasses or tunnels, pedestrians are expected to use them to cross. These options are designed to keep people safe and lower the risk of accidents. Ignoring them can create unsafe situations.
Is It Possible for Pedestrians to be at Fault for a Car Accident?
Yes, pedestrians can sometimes be held responsible for accidents. New York uses a comparative negligence system, which means blame and financial responsibility can be shared between both the driver and the pedestrian.
Shared Responsibility in Pedestrian Accidents
For example, if someone is jaywalking and gets hit by a car, the court may decide they were partly at fault. That share of responsibility can reduce how much compensation they receive. If a pedestrian is found 30% at fault, their payout would be reduced by 30%.
When Can Pedestrians Be Liable?
If a pedestrian’s actions directly cause an accident, they may be held legally responsible. This could include things like running into traffic without looking or crossing while under the influence of drugs or alcohol. In these situations, the pedestrian may even have to cover damages suffered by the driver and others involved.
How Common Are Pedestrian Accidents in New York?
With millions of people walking every day, residents and tourists alike, thousands of pedestrians are injured each year, and unfortunately, some accidents are fatal. In 2023, there were 101 pedestrian fatalities, which account for approximately 26% of all traffic-related deaths in the state.
Why Are Pedestrian Accidents So Common?
Everything from narrow streets and heavy traffic to distracted drivers and speeding often makes it hard for pedestrians to stay safe on the roads of New York City. Certain areas like Times Square and the Financial District see even more incidents because of the sheer number of people moving through them.
Do Pedestrians Have the Right-of-Way in New York?
In New York, pedestrians have the right-of-way in certain situations, mainly at crosswalks and intersections. State law says that when someone is crossing the street, whether the crosswalk is marked or not, drivers must stop and let them go.
Crosswalks and Intersections
At any intersection, drivers need to wait until the person has completely crossed before moving forward. This applies even when there are traffic lights; if the pedestrian signal is green, cars must stay put until the pedestrian is through.
Sidewalks and Driveways
Pedestrians also have the right-of-way on sidewalks. If a car is pulling out of a driveway or parking lot, the driver has to yield to anyone walking by.
When Do Pedestrians Not Have the Right-of-Way?
While New York gives pedestrians quite a few protections, there are situations where they don’t apply, including:
- Crossing Outside of Crosswalks: If someone crosses the street outside of a marked crosswalk, commonly called jaywalking, they don’t automatically have the right-of-way. In this case, it’s up to the pedestrian to wait until the road is clear before crossing.
- Dangerous Situations: Pedestrians also can’t step into traffic in a way that puts themselves and drivers at risk. For example, suddenly leaving the curb and walking in front of a moving car is against the law.
- Overpasses and Tunnels: On streets with overpasses or tunnels, pedestrians are expected to use them to cross. These options are designed to keep people safe and lower the risk of accidents. Ignoring them can create unsafe situations.
Is It Possible for Pedestrians to be at Fault for a Car Accident?
Yes, pedestrians can sometimes be held responsible for accidents. New York uses a comparative negligence system, which means blame and financial responsibility can be shared between both the driver and the pedestrian.
Shared Responsibility in Pedestrian Accidents
For example, if someone is jaywalking and gets hit by a car, the court may decide they were partly at fault. That share of responsibility can reduce how much compensation they receive. If a pedestrian is found 30% at fault, their payout would be reduced by 30%.
When Can Pedestrians Be Liable?
If a pedestrian’s actions directly cause an accident, they may be held legally responsible. This could include things like running into traffic without looking or crossing while under the influence of drugs or alcohol. In these situations, the pedestrian may even have to cover damages suffered by the driver and others involved.
Pedestrian Safety Tips
Stay Alert
Pay attention to what’s happening around you. Avoid distractions like texting while walking, and try to make eye contact with drivers before crossing so you know they see you.
Use Crosswalks
Cross at marked crosswalks whenever possible. It’s safer and keeps you in line with the law. If there isn’t a crosswalk, choose a safe spot, wait until traffic is clear, and then cross.
Follow Signals
Stick to pedestrian signals at intersections. Wait for the “Walk” sign before stepping off the curb, and don’t cross if the signal says “Don’t Walk.” Following these signals lowers your risk of an accident substantially.
What to Do After An Accident
If you’re ever involved in an accident, get medical care right away, even if you feel okay at first. Take photos, gather contact information from witnesses, and reach out to a personal injury attorney to understand your options.
Pedestrian Safety Tips
Stay Alert
Pay attention to what’s happening around you. Avoid distractions like texting while walking, and try to make eye contact with drivers before crossing so you know they see you.
Use Crosswalks
Cross at marked crosswalks whenever possible. It’s safer and keeps you in line with the law. If there isn’t a crosswalk, choose a safe spot, wait until traffic is clear, and then cross.
Follow Signals
Stick to pedestrian signals at intersections. Wait for the “Walk” sign before stepping off the curb, and don’t cross if the signal says “Don’t Walk.” Following these signals lowers your risk of an accident substantially.
What to Do After An Accident
If you’re ever involved in an accident, get medical care right away, even if you feel okay at first. Take photos, gather contact information from witnesses, and reach out to a personal injury attorney to understand your options.
Key Takeaways
- Pedestrians are generally protected at crosswalks and intersections.
- Certain actions can put pedestrians at risk or make them partly responsible for accidents.
- Using crosswalks, obeying signals, and making eye contact with drivers can reduce the risk of accidents.
Protect Your Rights as a Pedestrian with Our Attorneys
Dealing with the aftermath of a pedestrian accident can be a lot to process, but you don’t have to do it alone. At Field Law Group, we’re here to stand up for your rights and help you pursue the compensation you deserve. We’re available 24/7 to answer your questions and offer FREE consultations.
Call 212-739-7278 or contact our firm today to get started!
✓ Content checked by the experienced attorneys at Field Law Group.
About the Firm: With over a decade of experience, Field Law Group has been helping personal injury victims across New York since 2013. We’re dedicated to protecting the rights of accident victims and fighting to get them the compensation they deserve.
Protect Your Rights as a Pedestrian with Our Attorneys
Dealing with the aftermath of a pedestrian accident can be a lot to process, but you don’t have to do it alone. At Field Law Group, we’re here to stand up for your rights and help you pursue the compensation you deserve. We’re available 24/7 to answer your questions and offer FREE consultations.
Call 212-739-7278 or contact our firm today to get started!
✓ Content checked by the experienced attorneys at Field Law Group.
About the Firm: With over a decade of experience, Field Law Group has been helping personal injury victims across New York since 2013. We’re dedicated to protecting the rights of accident victims and fighting to get them the compensation they deserve.
Field Law Group, P.C.
17 State Street, 40th Floor
New York, New York 10004
This website contains attorney advertising. Prior results do not guarantee a similar outcome, see Disclaimer.
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Field Law Group, P.C.
17 State Street, 40th Floor
New York, New York 10004
This website contains attorney advertising. Prior results do not guarantee a similar outcome, see Disclaimer.
Designed by PostcardMania
Field Law Group, P.C.
17 State Street, 40th Floor
New York, New York 10004
This website contains attorney advertising. Prior results do not guarantee a similar outcome, see Disclaimer.
Designed by PostcardMania