New York City poses a lot of risks to pedestrians, even in designated crossing areas. When pedestrians get hit by vehicles while in a NYC crosswalk, who is responsible? Is the driver who hit the pedestrian always liable?
In this blog, we discuss New York City crosswalk laws and who may be liable for pedestrian crosswalk accidents.
At The Bongiorno Law Firm, our trusted New York car crash lawyers are dedicated to helping victims who have been hurt by negligent or reckless drivers.
Need legal help? Call our law offices for a free initial consultation. We are here to help you.
What Are the Crosswalk Laws in New York City?
NYC traffic laws legally require drivers to yield to pedestrians in crosswalks, even when they do not have the right of way. This means that in most situations, pedestrians must have the right of way in crosswalks.
As such, drivers are required by law to yield to pedestrians in crosswalks, even in the following situations:
- The crosswalk is unmarked
- No traffic control devices are present
- The driver has a green traffic signal
- The pedestrian has passed the crosswalk in front of the driver’s lane
The law requires drivers to remain stopped behind the crosswalk until all pedestrians in the crosswalk have fully reached the other side of the street.
Why Are Drivers Typically Liable for Hitting Pedestrians in NYC Crosswalk Accidents?
Most of the time pedestrian accidents occur because of driver negligence. Additionally, NYC laws hold drivers to a higher duty of care than pedestrians. The vehicles they operate are bigger and heavier, giving them far more potential to cause catastrophic harm than a pedestrian. As such, drivers are expected to use their vehicles responsibly and exercise a higher degree of care and vigilance.
Pedestrian Crosswalk Accidents Caused by Driver Negligence
Most of the time, pedestrian vs. MVA crashes happen because of various types of driver negligence, including:
- Failing to yield right-of-way to pedestrians, often due to impatience
- Not seeing the crosswalk or pedestrians due to distracted driving, such as texting, eating, etc.
- Drivers running red lights or stop signs
- Speeding through intersections
- Driving under the influence of drugs or alcohol
- Not using headlights at night, making it harder for them to see pedestrians in the road, as well as for pedestrians to see their vehicle.
- Driving drowsy or too tired to drive safely
Pedestrians Could Share Fault for a Crash
Many people are surprised to learn that pedestrians are also responsible for taking reasonable steps to avoid causing harm to anyone.
Even though NYC has very strict laws about drivers yielding to vulnerable road users, it does not mean pedestrians have zero responsibility. Pedestrians can be at-fault or share fault for crosswalk accidents if their negligence either contributes to or fully causes a crash to occur.
Pedestrian behaviors that could cause them to be liable or partially liable for getting hit by a car includes:
- Walking into a crosswalk while distracted, such as while texting or chatting to someone
- Crossing against traffic signals
- Walking while intoxicated or impaired by drugs, alcohol, medications or other substances.
- Failing to use marked crosswalks when available
- Using poor judgement, such as walking into a poorly lit crosswalk at night without looking for traffic and without wearing reflective clothing to help a driver see them.
Although drivers are required to yield, circumstances could make it impossible to see a pedestrian fast enough to avoid a crash.
Fault Could Be Shared
Drivers and pedestrians both have a legal duty of care and could sometimes share fault for a crash. However, even in these situations, the driver is likely to share the greater portion of fault. Some examples of shared fault may include:
- Pedestrians crossing ahead of the walk signal while a driver speeds through to beat the red
- Drivers failing to yield while pedestrians cross outside marked lines
- Both parties distracted by their phones and other things
Can a Pedestrian Pursue a Claim if Partially At-Fault?
Yes, pedestrians may still be eligible to seek compensation through a claim even if they are partially at fault.
New York City follows a pure comparative negligence law. Under this law, you may recover compensation for damages even if you are 99 percent at fault. The caveat is that any amount of compensation you may be awarded will be reduced by your percentage of fault.
How Can Pedestrians Reduce Their Risk of Being Hit By a Car?
Pedestrians have a legal duty to pay attention and walk as if the drivers approaching a crosswalk do not see them or do not intend to stop.
In addition to upholding your duty of care as a pedestrian, you can increase your safety when out walking by following these simple safety measures:
- Wear reflective garments or lighter clothing at night.
- Never run into the road suddenly, even if the signal says you can walk
- Don’t walk into a crosswalk while texting, assuming drivers will stop could get you hurt
- Get a Lyft or Uber if you have had a lot to drink and your judgement is impaired
- Always assume a driver is not going to stop or cannot see you
- Remember electric vehicles are very quiet – if a driver forgot to turn on the headlights, you may not see the vehicle fast enough at night to avoid getting hit
Need Legal Help After a Crosswalk Accident? Call The Bongiorno Law Firm Today
Injured in a pedestrian crosswalk accident? At The Bongiorno Law Firm, we are dedicated to holding at-fault parties financially responsible for the damages they cause. We work hard for our clients, fighting for the maximum possible compensation.
Worried about cost? We offer a free initial consultation to help you understand your potential legal options. Our NYC law firm also takes pedestrian injury cases on contingency. This means there are no upfront costs or fees to pay. We only get paid if you do.
