Pedestrian Injuries in New York Car Accidents: Who’s at Fault?

Pedestrian injuries are alarmingly common in New York, where dense traffic, bustling streets, and high foot traffic create dangerous conditions. When a pedestrian is struck by a vehicle, determining who is at fault can be complex and depends on the specific circumstances of the accident.

Here, our New York City personal injury attorneys explore the factors determining fault in New York pedestrian accidents and the legal recourse available for injured pedestrians.

Common Causes of Pedestrian Accidents in New York

Pedestrian accidents in New York can happen for various reasons, often due to negligence by drivers, pedestrians, or both.

Some of the most common causes include:

• Distracted Driving: Drivers texting, talking on the phone, or otherwise distracted may fail to notice pedestrians crossing the street.
• Speeding: Speeding is a leading cause of severe pedestrian injuries, as drivers have less time to react and are more likely to cause fatal injuries due to the higher impact force.
• Failure to Yield: New York law requires drivers to yield to pedestrians at crosswalks. Accidents frequently occur when drivers fail to stop or yield when pedestrians have the right of way.
• Running Red Lights or Stop Signs: A driver who ignores traffic signals or stop signs is likely to collide with pedestrians crossing the street legally.
• Drunk or Impaired Driving: Alcohol or drug impairment slows a driver’s reaction time and affects their ability to see and avoid pedestrians.
• Left Turns at Intersections: Many pedestrian accidents happen when drivers making a left turn fail to notice pedestrians crossing the intersection.

New York has specific traffic laws that dictate when pedestrians have the right of way and when drivers are required to yield. These laws play a critical role in determining fault in pedestrian accidents.

Pedestrians generally have the right of way in marked or unmarked crosswalks. Drivers are required to yield to pedestrians crossing at these locations. Even when there is no marked crosswalk, drivers must yield to pedestrians crossing at intersections with no traffic signal.

If you have been injured in a pedestrian accident in New York City, understanding your legal rights and working with our experienced personal injury attorneys is essential to ensuring fair compensation and holding the at-fault party accountable for your injuries.

Determining Fault in New York City Pedestrian Accidents

Determining fault in New York pedestrian accidents involves examining the behavior of both the driver and the pedestrian at the time of the accident. Liability is often shared between the parties, especially when comparative negligence applies. New York follows a pure comparative negligence rule, which means that fault can be apportioned between the driver and the pedestrian, and the injured party can recover compensation even if they are partially at fault.

In most pedestrian accidents, drivers bear at least some fault due to their duty of care to avoid hitting pedestrians. In these cases, the driver’s negligence directly leads to the pedestrian’s injuries, and they can be held liable for damages.

If the pedestrian is found partially at fault, their compensation will be reduced by their percentage of fault under New York’s comparative negligence rule. For example, if the pedestrian is 20% at fault for crossing against the signal, their compensation will be reduced by 20%.

If you are injured as a pedestrian in a car accident in New York, you may be entitled to compensation for your medical expenses, lost wages, pain and suffering, and other damages. Pedestrian accidents often involve complex liability issues. Our experienced personal injury lawyers can help you navigate New York’s legal system, gather evidence, and negotiate with insurance companies to ensure you receive fair compensation for your injuries.

Contact Our Personal Injury Lawyer at David Resnick & Associates, P.C.

Contact the New York personal injury law firm of David Resnick & Associates, P.C., online or call us at 212-279-2000 today for a free consultation about your case. We serve clients throughout New York City, in Manhattan, Queens, Brooklyn, Staten Island, the Bronx, and Long Island.

There is never a charge to speak with our skilled New York City injury attorneys. If your case qualifies to move forward, we will handle every aspect from start to finish without charging any upfront or out-of-pocket fees. You will pay nothing for our elite personal injury attorney services unless we win your case. That is a promise.

Author: David Resnick

Founder of David Resnick & Associates, P.C., a New York personal injury law firm in charge of providing exceptional and personal service to each of our clients in various areas including car accidents, slip and fall, wrongful death, construction accidents, and premises liability. David Resnick founded the firm in 1998 after working in large law firms where he saw a need for greater client communication and more personal care.