Introduction
In a bustling city like New York, where pedestrians and vehicles share busy streets, accidents happen far too often. If you’ve been hit by a car while walking, you might assume the driver is automatically at fault, but the law isn’t always that simple.
Understanding who is legally responsible for a pedestrian accident in New York is critical—especially when insurance companies try to shift blame. Whether you were walking in a marked crosswalk or crossing between traffic, knowing your legal rights and how fault is determined can impact your ability to receive fair compensation.
Who Has the Right of Way in New York?
New York traffic laws generally favor pedestrians, but that doesn’t mean drivers are always at fault in accidents.
When Pedestrians Have the Right of Way 🚦
✔️ Crosswalks at intersections – Pedestrians always have the right of way at marked crosswalks when the signal indicates “Walk.”
✔️ Unmarked crosswalks – Even if there’s no visible crosswalk, pedestrians still have the right of way when crossing at an intersection.
✔️ Turning vehicles – Drivers must yield to pedestrians when turning at intersections, even if the pedestrian is crossing with the light.
When Pedestrians Do NOT Have the Right of Way 🚷
❌ Jaywalking – Crossing the street outside of a crosswalk is illegal in New York. If an accident occurs, the pedestrian may share responsibility.
❌ Ignoring traffic signals – Walking against a “Don’t Walk” signal means the pedestrian is at fault if an accident happens.
❌ Darting into traffic – If a pedestrian suddenly steps into the road, giving the driver no time to react, the pedestrian may be held partially or fully responsible.
How Is Fault Determined in New York Pedestrian Accidents?
New York follows a comparative negligence rule. This means fault can be shared between the driver and the pedestrian.
For example:
🚶♂️ A pedestrian jaywalks, but the driver was speeding → Both may share partial blame.
🚗 A driver runs a red light and hits a pedestrian in a crosswalk → The driver is likely fully responsible.
🚦 A pedestrian crosses with the light, but a driver fails to yield while turning → The driver is at fault.
Even if you were partially at fault, you may still recover compensation, but your total award will be reduced by your percentage of responsibility.
What Compensation Can Pedestrian Accident Victims Claim?
If a driver was at fault in your pedestrian accident, you can seek compensation for:
Economic Damages:
✔️ Medical bills, hospital stays, surgeries
✔️ Rehabilitation and physical therapy
✔️ Lost wages from missing work
✔️ Transportation costs for medical appointments
Non-Economic Damages:
✔️ Pain and suffering
✔️ Emotional trauma and PTSD
✔️ Loss of enjoyment of life
✔️ Permanent disability or scarring
What If the Insurance Company Tries to Blame You?
Insurance companies often try to reduce payouts by blaming pedestrians. They may argue that:
🚷 You weren’t in a crosswalk at the time of the accident
📵 You were distracted (texting or wearing headphones)
🚦 You crossed against the light
💡 Proving your case is critical! This is why you need a skilled pedestrian accident lawyer to fight back against unfair blame and maximize your settlement.
What to Do After a Pedestrian Accident in New York
If you’ve been hit by a car, take these steps immediately to protect your case:
✔️ Call 911 – A police report provides official documentation of the accident.
✔️ Seek Medical Attention – Some injuries, like concussions or internal trauma, may not be immediately obvious.
✔️ Gather Evidence – Take photos of the scene, vehicle damage, and your injuries.
✔️ Get Witness Information – Witnesses can support your claim if the driver denies fault.
✔️ Don’t Talk to Insurance Companies Alone – They may try to minimize your settlement or place unfair blame on you.
✔️ Consult an Attorney – A lawyer will protect your rights and ensure you receive the full compensation you deserve.
Why Choose Lockamy & Associates?
🚦 Decades of Experience – We’ve helped thousands of injured New Yorkers recover compensation.
⚖️ Aggressive Legal Representation – We fight insurance companies who try to minimize your claim.
💰 No Fee Unless You Win – You pay nothing unless we secure a settlement for you.
If you’ve been hit by a car as a pedestrian in New York, don’t wait—time is limited to file a claim. We fight for justice—because you deserve it.
