What Happens if I Get Hit By a Car at a Crosswalk in New York City?
Pedestrian accidents make up a small portion of the collisions in New York City. The most common location is within city crosswalks, and the results are often devastating. Pedestrian accidents tend to result in a higher rate of fatalities than accidents between two motor vehicles.
Moreover, non-fatal injuries stemming from a crosswalk pedestrian accident can have life-altering consequences. Many individuals suffer permanent disabilities or lose the ability to hold a job. If this has happened to you, reach out to Douglas & London right away. Our New York City pedestrian accident lawyers stand ready to advocate for you.
Pedestrian right-of-way in New York City
Due to the vulnerability of pedestrians, New York City has instituted special protections for them in crosswalks and near roadways. These rights are enshrined in what’s called the Right of Way Law. It can be found at NYC Administrative Code Section 19-190.
Who is responsible for crosswalk accidents?
When motorists strike pedestrians in New York City crosswalks, they are typically at fault for the collision. However, some pedestrians play a role in causing them. A personal injury lawyer could advise you on whether your pedestrian accident could result in a successful claim.
Drivers are often responsible for pedestrian accidents when they violate traffic laws. While failing to yield the right of way in an intersection is a common cause, other violations that might lead to a crash could include:
- Driving while intoxicated
- Running a stop sign or red light
- Making an illegal U-turn
- Driving the wrong way down a one-way street
- Passing without signaling
A traffic violation is strong evidence of negligence but is not required for an injured pedestrian to initiate a civil lawsuit. Experienced New York City personal injury lawyers will review the facts of your case and advise you of your legal rights, whether the negligent motorist was ticketed or not.
Pedestrians have responsibilities, too, and the failure to adhere to them could impact a personal injury claim. These include:
- Obeying all traffic signals
- Not stepping into the path of a vehicle where the driver doesn’t have time to stop
- Avoiding crossing intersections diagonally
- Walking only on designated sidewalks when possible
When pedestrians are partially to blame
The good news for a pedestrian who is partially at fault– is that they still could be entitled to compensation. The bad news is that compensation could be limited under state law.
New York follows a legal standard known as pure comparative negligence. Under this standard, the law does not bar a plaintiff—who is partially responsible– from recovering compensation for their injuries. However, this theory does diminish the amount that the plaintiff is entitled to. For example, a person who suffers $10,000 in damages but is found to be 20 percent at fault can recover at most $8,000.
Contact us at Douglas and London
The days and weeks following a pedestrian accident can be challenging. Seeing the doctor, missing time from work, and watching medical bills pile up can be more than most people are prepared to deal with. At Douglas and London, we are ready to help you reduce the financial stress from your accident by assisting with your personal injury claim. Call now to schedule a free consultation.