Hit by a Car in NYC? Our Pedestrian Accident Attorneys Can Help
New York City’s streets are some of the busiest in the world, and unfortunately, pedestrian accidents happen daily. Whether you were hit by a car, taxi, bus, or commercial vehicle, you have the right to seek compensation for your medical expenses, lost wages, and pain and suffering. Understanding New York’s pedestrian laws and liability rules is essential, and you should contact a knowledgeable and nearby pedestrian accident lawyer to protect your rights.
Call HKD at 212-490-5700 or contact us online to request your free consultation. We won’t charge you up-front costs, and you won’t owe us anything unless you recover compensation.
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New York Pedestrian Traffic Laws
New York has strict traffic laws regarding pedestrians. These traffic laws require motorists to yield to pedestrians in almost every situation and to do everything possible to avoid pedestrian accidents. Even with these laws, 9% of NYC traffic accidents involve an injured or killed pedestrian, resulting in more than 8,000 injuries and 116 pedestrian deaths in 2022.
Right-of-Way in NYC Pedestrian Accidents
New York traffic law prioritizes pedestrian safety, and motorists are required to yield to pedestrians in most situations. However, disputes over right-of-way frequently arise in pedestrian accident cases, with drivers and insurance companies shifting blame onto victims. Understanding when pedestrians have the legal right-of-way is crucial for proving fault and securing compensation.
NYC Crosswalk Accidents
Pedestrians always have the right-of-way at marked and unmarked crosswalks when following traffic control signals. Drivers must:
- Stop for pedestrians in a crosswalk when a “Walk” signal is displayed.
- Yield to pedestrians crossing at intersections where there are no traffic signals.
- Exercise caution even when pedestrians are crossing improperly, as drivers have a legal duty to avoid collisions.
Many pedestrian accidents occur when drivers fail to stop before turning, speed through intersections, or ignore crosswalk laws.
Traffic Signals: Pedestrians & Driver Responsibilities in NY
Pedestrians must obey all traffic signals, including Walk/Don’t Walk signs. However, even when a pedestrian crosses against a signal, drivers are still required to take reasonable action to prevent a crash.
- Pedestrians should only cross when the signal permits, but vehicles must yield if a pedestrian is already in the roadway.
- Turning drivers must stop for pedestrians in crosswalks, even when they have a green light.
- Flashing “Don’t Walk” signals indicate that pedestrians should not begin crossing but can finish if already in the crosswalk.
Insurance companies often argue that pedestrians are at fault for ignoring signals, but comparative negligence rules allow pedestrians to still seek compensation, even if partially responsible.
Jaywalking in NYC: Can You Still Recover Compensation?
While pedestrians should use designated crosswalks, jaywalking does not automatically prevent an injury claim. New York follows comparative negligence laws, meaning a pedestrian can still recover damages even if crossing outside a crosswalk.
- Drivers still have a duty to avoid hitting a pedestrian, even if they are jaywalking.
- Pedestrians may share fault, but they can still recover compensation, with their award reduced by their percentage of responsibility.
- Traffic conditions matter—if a driver was speeding, distracted, or intoxicated, they may still hold majority liability.
For example, if a pedestrian is 20% at fault for jaywalking, but the driver was texting and speeding, the pedestrian could still recover 80% of the damages.
Who’s at Fault in a NYC Pedestrian Accident?
In many NYC pedestrian accidents, negligent drivers are responsible, but other parties may also share liability. New York’s comparative negligence laws allow injured pedestrians to seek compensation from multiple sources. Identifying all liable parties is essential for maximizing compensation and proving fault.
Reckless & Negligent Drivers
Most pedestrian accidents result from driver negligence, including:
- Speeding or reckless driving in pedestrian-heavy areas.
- Distracted driving, such as texting or using GPS.
- Running red lights or failing to yield at crosswalks.
- Driving under the influence accounts for many pedestrian fatalities.
Government Agencies & Poor Road Conditions
New York City and local agencies may be liable if poor infrastructure contributed to an accident. Common issues include:
- Malfunctioning traffic signals or missing pedestrian signs.
- Poorly designed intersections that create dangerous crossing conditions.
- Neglected road hazards, such as potholes or uneven sidewalks.
Taxi, Uber & Lyft Accidents
Rideshare and taxi drivers frequently cause pedestrian accidents, and liability may extend to:
- Depending on the driver’s app status, Uber, Lyft, or taxi companies.
- Negligent drivers make illegal stops or rush for fares.
- Insurance disputes, especially if the driver is uninsured or underinsured.
Commercial Vehicles & Trucks
Large trucks and commercial vehicles pose a severe risk to pedestrians. Liability may fall on:
- Truck drivers failing to check blind spots or making unsafe turns.
- Trucking companies that push unrealistic schedules or fail to train drivers.
- Delivery companies, such as Amazon or FedEx, if drivers are pressured to speed.
What Causes NYC Pedestrian Accidents?
Walking in New York City’s busy streets, intersections, and parking lots can be dangerous, even when pedestrians follow all traffic laws. While pedestrians have the right-of-way in many situations, reckless or inattentive drivers frequently cause serious injuries. Even if you cross legally in a marked crosswalk or obey pedestrian signals, you may still be hit due to driver negligence.
Why Pedestrian Accidents Happen
Many pedestrian accidents occur because drivers fail to pay attention or follow traffic laws. The most common causes include:
- Distracted Driving – Using a phone, adjusting the radio, eating, or other distractions cause drivers to overlook pedestrians.
- Speeding – Driving too fast reduces reaction time, making it harder to stop for pedestrians.
- Running Red Lights & Stop Signs – Many accidents occur when drivers fail to stop at intersections.
- Turning on Red – Drivers making right turns may focus only on vehicle traffic and fail to check for crossing pedestrians.
- Unprotected Left Turns—Drivers making left turns without a dedicated signal, especially at busy intersections, often hit pedestrians.
- Drunk or Impaired Driving – Alcohol and drugs slow reaction time and impair judgment, increasing the likelihood of hitting a pedestrian.
- Failure to Yield the Right-of-Way – Drivers must stop for pedestrians in crosswalks, but many fail to do so.
- Improper Lane Changes & Merging – Drivers who swerve between lanes or fail to check for pedestrians in bike lanes or sidewalks can cause accidents.
- Backing Up Without Checking—Drivers who don’t check mirrors or use backup cameras often hit pedestrians in parking lots, driveways, and alleys.
- Blind Spots & Large Vehicles – Trucks, buses, and SUVs have larger blind spots, making it harder to see pedestrians, especially children and those in wheelchairs.
Injured Pedestrians Need to Hold Negligent Drivers Accountable
Even if the at-fault driver is uninsured or underinsured, you may still have legal options. A Manhattan pedestrian accident lawyer can investigate the crash, gather evidence, and prove the driver was reckless or violated New York traffic laws.
Don’t let a negligent driver or insurance company deny your claim. At Hecht, Kleeger & Damashek, P.C., we fight to ensure you receive the full compensation you deserve for your injuries.
Contact HKD today to discuss your pedestrian accident claim in a free, no-risk consultation.
New York Pedestrian Accident Injuries
Pedestrian accidents often cause significant injuries. Whether in a wheelchair, on a skateboard, walking, or running, you likely had minimal defenses against a moving car. The impact can be traumatic.
Common injuries in a pedestrian accident include:
FATAL PEDESTRIAN ACCIDENTS IN MANHATTAN
Unfortunately, pedestrian accident injuries can be fatal. When you lose a relative in a Manhattan pedestrian accident, you could be entitled to compensation. Contact a compassionate New York wrongful death attorney for legal guidance. We know your grief might feel overwhelming. We’re here to help however we can.
