- Pedestrians have the right of way in crosswalks, when given a walk signal, and when using sidewalks.
- Pedestrians may lose the right of way when jaywalking or walking in the roadway where sidewalks are available.
- Injured pedestrians may still seek compensation when partially at fault under New York’s comparative negligence law.
While pedestrians typically have the right of way in crosswalks in New York, the law isn’t as straightforward as you might think.
At Chopra & Nocerino, we’re here to provide clarity to this often misunderstood area of the law. In this article, we delve deeper into right-of-way rules for pedestrians and the legal considerations that might impact pedestrian injury cases.
When Pedestrians Have the Right of Way
Here are situations when New York law gives pedestrians the right of way:
- In marked or unmarked crosswalks: In New York, every intersection is legally considered to have a crosswalk, even if there aren’t any visible lines. Drivers must yield to pedestrians who are in a crosswalk, even if the driver has a green light while turning at an intersection.
- When the “Walk” signal is on: If a pedestrian faces a “Walk” signal at a traffic light, they have the right of way.
- When a vehicle is entering or exiting a driveway, alley, or private road: Drivers must yield to pedestrians approaching on the sidewalk when they are pulling into or out of driveways, alleys, or private roads.
- When a pedestrian is visibly blind: Drivers must yield to blind pedestrians using a cane or guide dog, regardless of crosswalks or traffic signals.
When Pedestrians Don’t Have the Right of Way
In New York, pedestrians generally don’t have the right of way in these circumstances:
- When jaywalking: Pedestrians do not have the right of way when crossing outside of a crosswalk.
- When suddenly stepping off the curb: Pedestrians do not have the right of way if they suddenly step off the curb and into the path of an oncoming vehicle. Drivers are not expected to stop for pedestrians if there is no reasonable time to yield the right of way safely.
- When a pedestrian tunnel or overpass is available: The vehicles have the right of way if a pedestrian chooses to cross the roadway where a pedestrian tunnel or bridge is available.
- When the pedestrian has a “Don’t Walk” signal: Pedestrians do not have the right of way if they begin crossing while the “Don’t Walk” signal is active.
- When walking in the roadway next to a sidewalk: Pedestrians must use the sidewalk if it’s provided and accessible. They don’t have the right of way while walking in the roadway in these circumstances.
Important Considerations for Pedestrian Accident Injury Claims in New York
Several areas of the law interact with New York’s pedestrian right of way rules in an injury claim, including the state’s pure comparative negligence law. Under this law, an injured pedestrian may still recover compensation if they’re partially at fault for an accident, such as by crossing outside a crosswalk. However, their compensation will be reduced in proportion to their share of the fault.
New York is a no-fault state for car accidents, which can affect how injured pedestrians seek compensation. Pedestrians can usually recover compensation from the driver’s personal injury protection (PIP) insurance, no matter who’s at fault. To seek damages for bodily injury beyond what PIP covers, the pedestrian must meet New York’s “serious injury” threshold or have basic economic damages exceeding $50,000.
If you’ve been injured in a pedestrian accident, you generally must file a claim within three years. This deadline is known as the statute of limitations. This may seem like plenty of time, but it’s best to seek legal help as soon as possible.
Quick action allows our attorneys to gather surveillance footage, witness statements, accident scene photos, and other evidence before it disappears. This evidence is essential to prove your damages and the driver’s negligence.
Start Your Pedestrian Injury Claim Today
Pedestrian right of way can affect liability in a personal injury case. If you or a loved one was hit by a car in New York, Chopra & Nocerino can help you prove the driver’s fault and pursue the full compensation you deserve.
Our attorneys are real New Yorkers who stop at nothing to defend our clients and make sure their bills are paid. Contact us online or call 855-NYC-HURT today for a free, no-obligation consultation.
