The streets of New York can be very busy with cars, scooters, and buses zipping around. Given the high number of vehicles, there’s an increased risk of pedestrian accidents. Because of this, you need to know your rights and responsibilities as a pedestrian, especially if you or a loved one gets involved in an accident. This article breaks down your legal rights as a pedestrian in New York and what steps you can take if you’re injured in an accident.

How Do Pedestrian Accidents Happen?

In New York, around 15,000 pedestrians are injured by motor vehicles each year, with more than 3,000 requiring hospitalization. Additionally, approximately 300 pedestrians lose their lives annually in these accidents. These accidents can happen anywhere, including crosswalks, sidewalks, parking lots, or even while stepping out of a building. Here are a few common scenarios:

• Crosswalk Collisions: You’re crossing the street at a crosswalk with the light, and a driver fails to yield or is turning and doesn’t see you.
• Sidewalk Accidents: A car jumps the curb and hits someone on the sidewalk. This happens more often than you’d think, especially in cases of distracted or impaired driving.
• Parking Lot Mishaps: Drivers backing out without checking their surroundings can hit pedestrians walking behind or beside the car.
• Hit and Run Incidents: The driver hits a pedestrian and flees the scene, leaving the victim in a traumatic and confusing situation.

Each of these situations can leave pedestrians with serious injuries like broken bones, head trauma, spinal injuries, or worse. But no matter how it happened, if a driver’s negligence caused the accident, you may have the right to seek compensation.

What Are Your Rights as a Pedestrian in New York?

If you’ve been hit by a car while walking in New York, the law allows you to seek compensation for your injuries. This is especially true if the driver was negligent and maybe they were speeding, distracted, or failed to yield. This could help cover your medical bills, lost income, and even the pain and suffering you’ve experienced.

New York is a no-fault insurance state, which means your insurance will usually pay for your medical treatment and lost wages up to a set limit, no matter who caused the accident. But if your injuries are serious and your costs go beyond what insurance covers, you can file a personal injury lawsuit against the at-fault driver to recover the rest.

Keep in mind that New York uses the comparative negligence rule. This means if you were partly at fault, say you were jaywalking, your compensation can be reduced by your percentage of fault. So, if you’re found to be 20% responsible, your award would be reduced by 20%.

One of the most important rights to keep in mind is that you can hire a personal injury attorney. A good lawyer can guide you through the insurance process, represent you in court if needed, and fight for the full compensation you deserve.

Is a Driver Always at Fault if They Hit a Pedestrian?

It’s a common assumption that drivers are automatically at fault in pedestrian accidents. However, that is not always the case. Under New York traffic laws, both drivers and pedestrians have specific duties to follow when using the road. Determining liability in a pedestrian accident depends on the particular facts and circumstances involved. 

As a pedestrian, you’re protected in several situations, including: 

• At Crosswalks with Green Lights or “Walk” Signals: If the pedestrian signal says “Walk” or the light is in their favor, pedestrians have the right of way. 
• At Intersections with Stop Signs: Drivers approaching a stop sign must yield to pedestrians crossing the street before proceeding.
• Marked and Unmarked Crosswalks at Intersections: Even without painted lines, intersections often have implied crosswalks. If you’re crossing there legally, vehicles must yield. 

That said, pedestrians can be found at fault in the following circumstances:

• Crossing Against Signals: If a pedestrian walks during a red light or “Don’t Walk” sign, they’re at fault.
• Jaywalking or Mid-block Crossings: Crossing in the middle of a block instead of at a designated crosswalk means the pedestrian must yield to vehicles.
• Walking on Highways: Pedestrians are not allowed on highways. Vehicles have the right of way, and pedestrians can be penalized or considered at fault if injured there.

Filing a Personal Injury Lawsuit in New York

If you’ve been seriously injured, you might need to file a personal injury lawsuit to get the compensation you deserve. The first step is to meet with an experienced personal injury attorney. They’ll review the details of your case, gather important evidence, and help you figure out the best way to move forward. This could involve going through police reports, speaking with witnesses, and getting insights from medical experts.

Once your attorney has built a strong case, they’ll file a legal complaint with the court. This document explains your injuries, how the other person was negligent, and the type of compensation you’re seeking. At this stage, both sides will share information and evidence in a process called discovery. This might include depositions, written questions, and exchanging important documents.

In many situations, these cases are resolved through settlement discussions before reaching trial. Your attorney will negotiate with the other side’s legal team to try to reach a fair agreement. If no settlement can be reached, the case will go to trial, where a judge or jury will decide the outcome and what compensation, if any, should be awarded.

What If the Driver Left the Scene or Was Uninsured?

In hit-and-run cases or if the driver has no insurance, you’re not out of options. New York residents may be covered under their own auto policy’s uninsured motorist coverage. If you don’t have a car or insurance yourself, the New York State Motor Vehicle Accident Indemnification Corporation (MVAIC) might step in to help cover your losses. However, the process can be tricky, and it’s best to get legal guidance.

We’re Here to Help

Your safety and health matter to us. If you’ve been injured in a pedestrian accident, the team at Almanzar-Paramio Law is here to help you hold the party at fault responsible. Let us handle the legal stress of dealing with insurance companies, negotiating with their attorney, and pursuing a lawsuit as you recover. Call us today, and we’ll walk you through your options and what comes next, one step at a time.