Are There Special Rules for Pedestrian Accidents in New York?

If you’ve been in a car-pedestrian accident on Long Island, our pedestrian accident lawyers are ready to help you.

Have you wondered, “Are there special rules for pedestrian accidents in New York?” The answer is yes. New York enforces special laws for pedestrians to ensure their safety, recognizing their vulnerability on the roads. If you’ve been involved in a car-pedestrian accident on Long Island, our pedestrian accident lawyers are ready to provide the support and guidance you need.

Right of Way for Pedestrians

One of the most important rules for pedestrians in New York is the right of way. According to state traffic law § 1151, pedestrians have the right of way when crossing at a marked or unmarked crosswalk. This means that drivers must yield to pedestrians at crosswalks and allow them to safely cross the road before proceeding.

Crossing at a Crosswalk

Pedestrians have the right of way at intersections with traffic signals. When the pedestrian signal is green, they can cross while vehicles wait at a red light.

Crossing at Places Other than Crosswalks

You might be surprised to learn that under New York law § 1152, pedestrians don’t always have the right of way:

• Pedestrians crossing outside a crosswalk at an intersection must yield to all vehicles on the roadway.
• Pedestrians crossing a roadway where a tunnel or overhead crossing is available must yield to all vehicles.
• Pedestrians shall not cross an intersection diagonally unless permitted by traffic-control devices and must follow those devices when doing so.

Additional New York Pedestrian Laws

In addition to crossing roads, New York Law stipulates several other rules for pedestrians.

Use of Sidewalks

Pedestrians must use sidewalks when available. If there’s no sidewalk, they should walk as far from the road as possible, ideally on the left side, facing traffic.

Obeying Traffic Signals

Pedestrians must follow traffic signals, including pedestrian lights, when crossing a road. At marked crosswalks, wait for the “Walk” signal before crossing.

Jaywalking

Jaywalking—crossing outside crosswalks or ignoring traffic signals—is illegal unless you are in New York City.

Can Pedestrian Accident Victims Recover Compensation?

Yes. In New York, pedestrians hit by cars are covered by the state’s no-fault car insurance rules. This means up to $50,000 of the pedestrian’s medical bills and related expenses can be covered by the driver’s PIP insurance company. When there are serious injuries, an injured pedestrian can also seek compensation for medical expenses, lost wages, and pain and suffering through a personal injury claim against the driver.

Can a Pedestrian Be Held Liable for an Accident?

Since motor vehicle accidents involving pedestrians in New York are covered by the state’s no-fault insurance rules, up to $50,000 of a pedestrian’s medical bills and expenses can be paid by the driver’s insurance even if the pedestrian shares some fault—such as jaywalking, being intoxicated, or walking while distracted. However, if a pedestrian seeks additional compensation for the medical treatment of serious injuries, their level of fault can reduce the amount of compensation they receive.

Comparative Negligence in New York State

In New York, the principle of pure comparative negligence determines liability in pedestrian accidents. If both parties at the accident scene contribute to the accident, liability is divided accordingly.

For instance, if a pedestrian jaywalks and is hit by a speeding car, both parties may be partly at fault. The jaywalker may receive reduced compensation for their pedestrian injuries in proportion to their degree of fault.

Take Action Today

If you or a loved one has been hit by a car while walking, don’t wait to seek legal guidance. Understanding your rights and the process to manage a pedestrian accident lawsuit can be challenging, but having the right legal support can make all the difference. Contact an experienced pedestrian accident lawyer at our law firm today for a free consultation. We will evaluate your case, answer your questions about car accidents involving pedestrians, and aggressively pursue full and fair compensation for you.