Understanding Pedestrian Right-of-Way Laws in New York
Pedestrian right-of-way laws in New York help clarify drivers’ and pedestrians’ respective obligations to yield and follow traffic control signals. After a pedestrian accident, these laws can influence the outcome of an injury claim by helping establish who was at fault. If you got hit by a car, here’s a closer look at how the New York pedestrian right-of-way laws may affect your case.
Pedestrian Right-of-Way Laws in New York
Pedestrians have significant protections under New York law, but who has the right-of-way depends on the circumstances, particularly where and how they’re crossing the street. If there’s a traffic signal, pedestrians are obligated to follow it. Pedestrians generally have the right-of-way when crossing in a marked crosswalk or in an unmarked crosswalk at an intersection. Drivers have a legal duty to yield or stop in these situations. Drivers are also expected to yield to pedestrians on sidewalks when entering or leaving an alley, driveway, building entrance, private road, or similar location.
Still, pedestrians don’t have unlimited right-of-way rights. A pedestrian crossing outside a crosswalk must yield to oncoming traffic. Pedestrians also can’t suddenly leave safety and move into the path of a vehicle when there isn’t sufficient time for the driver to safely stop. Both drivers and pedestrians have a duty to pay attention and follow traffic controls to reduce the risk of preventable accidents.
Comparative Fault in New York
While drivers often bear the fault for pedestrian accidents, pedestrians aren’t automatically blameless in these scenarios. Under New York’s comparative fault law, pedestrians injured in collisions may still recover compensation even if they’re partially at fault, although their recovery may be reduced in proportion to their percentage of responsibility.
Some typical situations that may involve shared liability include:
- A speeding driver hits a pedestrian who’s crossing against the traffic signal.
- A distracted driver hits a pedestrian who’s crossing outside a crosswalk.
- A driver fails to slow down or stop when a pedestrian suddenly steps into traffic.
To determine who’s at fault in these and similar circumstances, your personal injury attorney can review the police report, traffic camera footage, witness statements, medical records, crash scene photos, and other evidence.
Legal Consequences of Violating Right-of-Way Laws
Violating the laws governing pedestrian right-of-way in NY can lead to consequences for drivers and pedestrians alike. Drivers may be subject to traffic citations, fines, and points on their license, and if the violation causes a pedestrian collision, the driver may face civil liability through a personal injury claim. For injured pedestrians, evidence of a driver’s violations can become important evidence in their claim. At the same time, a pedestrian’s violation of right-of-way laws can reduce the amount of compensation they may be entitled to after an accident.
Contact a Car Accident Injury Lawyer for Help
If you were injured in a pedestrian accident in New York, a personal injury attorney from the office of Scott C. Gottlieb, Injury Law Attorney can help you understand your legal rights and options and pursue the compensation you’re entitled to. We take care of everything from start to finish so you can focus on healing. Contact us today to arrange a free consultation.
