Can Pedestrians Sue for Injuries in New York if They Were Not Using a Crosswalk?

New York is one of the nation’s busiest states, with high pedestrian traffic, which increases the risk of accidents and injuries. While crosswalks provide a vital safety mechanism, not all pedestrian injuries occur within their boundaries. Many injured pedestrians question whether they have legal options if struck by a vehicle outside a crosswalk and may consider that the right-of-way automatically favors them—but every case is different.

Injured pedestrians must know their rights, how comparative negligence affects claims, and the potential for compensation—even if they were not using a crosswalk.

New York Laws on Pedestrian Right-of-Way

New York State law grants pedestrians certain protections when crossing the street, but these rights are not absolute. Understanding the nuances of New York pedestrian right-of-way laws is essential for anyone involved in an accident. These laws determine when pedestrians have the legal right-of-way and when they are required to yield to oncoming traffic.

Pedestrians generally enjoy the right-of-way when using a designated crosswalk or crossing at an intersection with traffic signals. However, the law also imposes responsibilities on pedestrians when crossing outside these designated areas.

Factors influencing pedestrian right-of-way include:

Location of the crossing: Pedestrians in crosswalks are afforded more legal protection.
Visibility conditions: Poor lighting or weather conditions may affect pedestrian and driver responsibilities.
Traffic signals and signs: Compliance with traffic signals is crucial for determining fault.
Road conditions and local ordinances: Some municipalities may have additional rules that affect pedestrian rights.

Understanding these elements helps clarify that even though pedestrians have a protected status in many scenarios, this protection diminishes when they stray from safe crossing practices.

Comparative Negligence in Pedestrian Accidents

New York follows the doctrine of comparative negligence, which means that the fault for an accident could be split between the parties based on the facts in the case. Even if a pedestrian is injured when crossing the street outside a crosswalk, a driver may still be considered to be responsible when their driving conduct contributed to the accident.

Comparative negligence is covered in N.Y. C.P.L.R. § 1411, which outlines how fault is allocated among parties. Under New York’s comparative negligence law, the amount of compensation could be reduced proportionately if a pedestrian were found to be partially responsible for an accident.

The following factors are typically considered when assigning fault in pedestrian accidents:

Location of the accident: Whether the pedestrian was using a crosswalk or not.
Behavior of the pedestrian: Actions that may have contributed to the accident, such as jaywalking.
Driver conduct: Whether the driver was speeding, distracted, intoxicated, or otherwise negligent.
Road and traffic conditions: Environmental factors that played a role in the incident.

The application of comparative negligence means that even if a pedestrian was outside a crosswalk, they are not automatically barred from seeking compensation. Instead, the court will analyze the conduct of both parties to determine a fair distribution of fault and damages.

Liability for Drivers in Pedestrian Accidents

In many cases, drivers may still be found liable for pedestrian injuries even if the pedestrian was not in a crosswalk at the time of the accident. New York Vehicle and Traffic Law § 1146 obligates drivers to exercise reasonable care, regardless of the pedestrian’s location. A recent accident can involve multiple factors where driver behavior plays a significant role.

In these situations, consider the following factors:

Failure to yield: Drivers are required to yield to pedestrians in crosswalks and exercise caution near pedestrians outside crosswalks.
Distracted driving: Using mobile devices or other distractions can impair a driver’s ability to react promptly.
Speeding: Exceeding the speed limit will significantly increase the risk of injury in an accident.
Driving under the influence: Impairment due to alcohol or drugs is a serious violation that heightens the driver’s liability.
Reckless behavior: Aggressive driving or ignoring traffic signals can contribute to an accident regardless of pedestrian location.

These factors highlight that a driver’s negligence is not negated solely by the pedestrian’s failure to use a crosswalk. Instead, courts assess all contributing behaviors to determine liability and the extent of compensation.

Potential Compensation for Injured Pedestrians

When pedestrians suffer injuries in accidents, they may be entitled to compensation covering a range of damages. Even if a pedestrian was not using a crosswalk, the impact of comparative negligence does not eliminate the possibility of recovery; it may simply reduce the overall amount awarded. Injured parties often seek compensation for several areas that directly affect their lives.

These areas include:

Medical expenses: This covers hospital stays, surgeries, rehabilitation, and ongoing care.
Lost wages: Injuries that prevent pedestrians from working may result in lost income.
Pain and suffering: Physical pain and emotional distress following an accident are compensable.
Property damage: In some cases, personal property damaged during the accident may also be included in the claim.
Loss of consortium: If the accident negatively affects a relationship, compensation for loss of companionship may be considered.

The presence of no-fault insurance also plays a role in compensating injured pedestrians. New York’s no-fault system is designed to provide timely compensation for medical expenses and lost wages, irrespective of fault. However, when it comes to additional damages, establishing liability through comparative negligence and proving driver negligence becomes essential for a higher settlement.

Steps to Take After a Pedestrian Accident

Prompt action following a pedestrian accident is critical for preserving evidence, ensuring proper medical care, and building a strong legal case. Whether you are struck in a crosswalk or elsewhere, certain steps must be taken to safeguard your rights. Immediate and organized responses are crucial when dealing with the aftermath of an accident.

Consider the following steps:

Seek medical attention: Even if injuries seem minor, a professional evaluation is important for documenting potential injuries.
Document the scene: Take photos of the accident scene, vehicle damage, and any visible injuries.
Collect witness information: Gather contact information from anyone who observed the incident.
Obtain video evidence: If possible, secure footage from nearby traffic cameras or bystanders’ smartphones.
File a police report: An official report helps establish an impartial account of the accident.
Consult a personal injury attorney: Legal advice can guide you through the complex process of filing a claim and dealing with insurance companies.

By following these steps, pedestrians can significantly improve their chances of a favorable outcome. Documenting every detail is key to countering any claims of contributory negligence and building a compelling case.

Get Legal Help from Rizzuto Injury Firm

If you have been injured as a pedestrian—even if you were not using a crosswalk—it is essential to understand that liability may still lie with the driver, and compensation is within reach. Rizzuto Injury Firm has a proven track record of helping pedestrians secure the financial resources they need for recovery. With extensive experience in handling personal injury cases, our dedicated legal team is prepared to provide the support and advocacy you need during this challenging time.

To discuss your case and explore your legal options, contact Rizzuto Injury Firm at 516-604-5496.