New York is one of the busiest cities in the world. The streets are packed with vehicles and pedestrians. Since it is busy with traffic, pedestrians are at risk of injuries caused by motorists’ negligence. The law requires motorists to yield the right of way to pedestrians crossing the street inside a crosswalk. Pedestrians who have been struck by a vehicle while crossing the street may wonder whether they are eligible for compensation for their damages. Whether a pedestrian can recover compensation for their damages ultimately depends on whether they were legally or illegally walking across the street. There are two types of crosswalks in New York: marked and unmarked. Marked crosswalks are portions of the road that display outlined markings indicating where a pedestrian can cross the street safely. Unmarked crosswalks do not have markings, however, they are the continuation of a street, typically found at intersections. Pedestrians are legally permitted to cross the street at marked and unmarked crosswalks. If you have been injured in a crosswalk accident, contact an experienced New York City Pedestrian Accident Attorney who can help you understand your legal options.
Who is at fault in a crosswalk accident in New York?
When a motorist strikes a pedestrian while they are within the lines of a crosswalk, the motorist is often at fault for the collision. As mentioned above, motorists are legally required to abide by traffic laws. This means they must yield the right of way to pedestrians crossing the street within the lines of a crosswalk. Motorists often cause crosswalk accidents by violating traffic laws such as speeding, driving while under the influence of drugs or alcohol, running a red light or stop sign, making an illegal U-turn, and making turns without proper signaling. If a motorist violates the rules of the road, they will be held liable for any damages that occur as a direct result of their negligent actions.
Nevertheless, it is important to understand that in some cases pedestrians play a role in causing a collision regardless of whether they are inside the lines of a crosswalk. Like motorists, pedestrians have rules they must abide by on the road to prevent collisions. Pedestrians are required to obey traffic signals and only cross when proper signage is displayed indicating they can cross. Pedestrians should never cross intersections diagonally and never step onto the road where a vehicle doesn’t have enough time to stop. If a motorist walks onto the road and a vehicle swerves to avoid them and hits another vehicle, the pedestrian could be held responsible for a collision. However, if a motorist strikes a pedestrian while they are abiding by the rules of the road, the motorist will be held at fault for the collision.
In the unfortunate event that you or a loved one has been injured in a crosswalk accident, speak with one of our trusted and determined attorneys. Our firm is committed to helping our clients seek reasonable compensation for their damages.
