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Do Pedestrians Have the Right-of-Way in New York?

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.

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
Sidewalks and Driveways

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.

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 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
When Can Pedestrians Be Liable?

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.

 

Contact us today or call 212-739-7278 to schedule a FREE consultation with our firm.

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