In a city as bustling as New York, pedestrians being hit by and injured in a car accident while in a crosswalk is a tragically all-too-common occurrence. A small percentage of collisions in New York include pedestrians. However, city crosswalks are the most common place these types of accidents occur, and it usually results in serious injury. Compared to accidents involving two motor vehicles, pedestrian accidents can result in more fatalities.

Furthermore, non-fatal injuries caused by crosswalk pedestrian accidents could result in life-long effects. Many people experience long-term disabilities or lose their capacity to work. This is why it is so important to consult with and retain an experienced NY pedestrian accident lawyer who will fight for fair compensation for you or a loved one who has been hurt in a crosswalk accident.

If this is you, please reach out to Brandon J. Broderick, Attorney at Law. Our pedestrian accident attorneys in New York City are prepared to take your case.

Pedestrians Have The Right-Of-Way In New York City

Because pedestrians are vulnerable, New York City has particular laws to protect them in crosswalks and next to roads. The Right of Way Law protects these rights, under NYC Administrative Code Section 19-190.

The failure of a car to yield the right of way to a pedestrian or bike will be considered a traffic infraction and, if it results in harm or death, will be considered a misdemeanor. Until this law was instituted, a driver who hit an individual who was crossing the street at the crosswalk faced little to no punishment.

New York Pedestrian Accidents at Crosswalks: Common Causes

In New York, there's a number of reasons why a pedestrian accident could happen at a crosswalk. From being distracted to crossing before the light is green, there are many causes. Below are some of the most common:

• Failure to yield to pedestrians
• Left hand turns: Failing to notice a person in the crosswalk while concentrating on oncoming traffic in the intersection
• Texting while driving
• Distracted driving
• Driving under the influence of alcohol or drugs
• Speeding
• Unlit streets
• Weather conditions
• Backing up and not paying attention to pedestrians

Who Is Liable For Accidents at Crosswalk Accidents?

In most cases, drivers are at fault when pedestrians are struck in crosswalks in New York. Pedestrians can contribute to an accident though.

When they disregard traffic restrictions, drivers frequently cause accidents involving pedestrians, but the pedestrian has to abide by rules as well. Otherwise, it could have an effect on a personal injury claim.

Although a traffic infraction is strong proof of negligence, it is not mandatory to file a lawsuit. New York is a no-fault state, so no fault insurance will cover the pedestrian’s damages. It's up to your attorney to evaluate the facts of your case and inform you of your legal options.

The pedestrian's obligations include:

• Complying with the traffic signals
• Refraining from crossing in front of a car when the driver doesn't have time to stop
• Steer clear of going diagonally across intersections
• Walk on designated sidewalks if possible

What If The Pedestrian Is Partly At Fault?

The good news is that even if a pedestrian is partially at fault, they may still be eligible for compensation. However, your compensation could be limited.

Pure comparative negligence is the legal standard that is used in New York. Under these rules, a pedestrian who shares some of the blame is not prevented from obtaining compensation for their injuries. However, the amount could be reduced. If you are 20% at fault, you could get $8,000 from a $10,000 award, for example.

Contact Brandon J. Broderick If You Need Legal Help

Following a pedestrian accident, it can be difficult in the days and weeks that follow. It can be more than most can handle. Adding a legal claim to the situation can make things even more stressful. That's where Brandon J. Broderick, Attorney at Law comes in. Our legal team is prepared to support you with your personal injury claim so that you don't have to worry.

To schedule a free consultation, call us today.