How Pedestrian Crosswalk Laws Affect Your Injury Case in NYC
How Pedestrian Crosswalk Laws Affect Your Injury Case in NYC
Pedestrian accidents are common in New York City, and the outcome of a pedestrian injury claim often depends on how New York pedestrian laws and right of way rules apply at the moment an accident occurred. Hill & Moin represents injured pedestrians across New York who were struck in marked or unmarked crosswalks and need to understand how traffic laws affect their ability to recover compensation.
Crosswalk laws play a major role in determining fault, insurance liability, and the value of a personal injury case.
Pedestrians Have the Right of Way — But Not Always
Under New York law, pedestrians generally have the right of way when legally crossing the street. This includes:
- Marked crosswalks
- Unmarked crosswalks at intersections
- Pedestrian crossing areas controlled by traffic signals
However, right of way is not absolute. Pedestrians must still obey traffic control signals, including traffic lights and pedestrian signals.
Marked and Unmarked Crosswalks in NYC
Marked Crosswalks
A marked crosswalk is clearly identified with painted lines. When pedestrians have the walk signal or a green light, drivers are legally obligated to yield.
Accidents involving motor vehicles that fail to yield in marked crosswalks often place liability on the at fault driver.
Unmarked Crosswalks
Unmarked crosswalks exist at most intersections, even without painted lines. Pedestrians still have the right of way when crossing with the signal or when traffic laws allow them to proceed.
Many pedestrian accident cases involve drivers who wrongly assume pedestrians must yield in unmarked crosswalks.
How Traffic Signals Affect Pedestrian Injury Claims
Traffic signals are critical in determining fault.
- A green light with a walk signal usually gives pedestrians the right of way
- A red light or “Don’t Walk” signal can shift partial responsibility
- Traffic control signals and traffic light timing may be reviewed
Traffic camera footage, police reports, and accident scene photos are often used to confirm signal status.
Right of Way Laws and Driver Responsibility
Under right of way laws, drivers must:
- Yield to pedestrians already in the crosswalk
- Obey speed limits
- Remain alert for pedestrian crossing activity
Accidents occur when drivers engage in distracted driving, fail to see pedestrians, or rush through intersections.
When a driver’s negligence causes a pedestrian accident, the injured pedestrian may pursue legal action.
Pure Comparative Negligence in New York
New York follows pure comparative negligence, meaning:
- An injured pedestrian can still recover compensation even if partially at fault
- Compensation is reduced by the pedestrian’s percentage of fault
For example, if a pedestrian began crossing late but the driver was speeding, liability may be shared rather than denied entirely.
Common Causes of Pedestrian Accidents in NYC
Pedestrian accidents often involve:
- Car accidents at intersections
- Drivers ignoring traffic rules
- Failure to yield at crosswalks
- Speeding through traffic signals
- Oncoming vehicle visibility issues
Pedestrian accident victims frequently suffer severe injuries due to the lack of physical protection.
Injuries and Damages in Pedestrian Accident Cases
Pedestrian accidents can result in:
- Serious injury or severe injuries
- Extensive medical attention
- High medical bills and medical expenses
- Lost wages and lost income
- Long-term rehabilitation
These damages form the basis of a pedestrian injury claim.
Evidence That Strengthens a Pedestrian Injury Case
Strong evidence is critical to establish fault and recover compensation. This may include:
- Police reports
- Witness statements
- Traffic camera footage
- Accident scene photos
- Medical records
Gather evidence as early as possible to support the legal claim.
How Insurance Companies Evaluate Crosswalk Cases
An insurance company will closely analyze:
- Whether pedestrians have the right of way
- Whether traffic signals were obeyed
- Comparative negligence arguments
Insurance adjusters often try to reduce payouts by claiming pedestrians were not paying attention or crossed improperly.
Why Legal Representation Matters
Pedestrian injury cases involve complex traffic laws and liability rules. An experienced personal injury attorney understands:
- New York traffic laws
- York State vehicle statutes
- How to establish fault
- How to pursue full compensation
Pedestrian accident attorneys help injured pedestrians navigate the legal process and protect their legal rights.
When to Pursue Legal Action
If you were injured as a pedestrian due to a driver’s negligence, you may be entitled to:
- Economic damages
- Pain and suffering
- Fair compensation for long-term harm
Prompt legal action helps preserve evidence and strengthens your case.
Speak With Hill & Moin Today
If you were injured in a pedestrian accident in New York City, crosswalk laws may play a key role in your case. Hill & Moin represents pedestrian accident victims across NYC and helps them pursue compensation under New York law.
Call Hill & Moin at (212) 668-6000 today for a free consultation and to discuss your pedestrian injury case.