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Pedestrians are vulnerable road users who can sustain catastrophic injuries if they’re involved in an accident with any type of vehicle. Even pedestrians using a crosswalk could be in danger, especially in large cities like New York City.  

NYC Pedestrian Crosswalk Accident FAQs

Who is responsible if I’m hit in a crosswalk in New York City?

In most New York City crosswalk accidents, the driver is responsible because motorists must yield the right-of-way to pedestrians lawfully crossing. Drivers who are speeding, distracted, or fail to stop at marked crosswalks can be held liable for a pedestrian’s injuries and related damages.

Can a pedestrian be at fault in a crosswalk accident?
Yes. A pedestrian may share fault if they were jaywalking, crossing against the light, distracted by a phone, or acting negligently (such as crossing while intoxicated). However, even if a pedestrian is partially at fault, they may still recover compensation under New York law.

What is pure comparative negligence in New York?

New York follows a pure comparative negligence rule. This means you can recover compensation even if you were up to 99% at fault. Your total recovery will be reduced by your percentage of responsibility. For example, if you are found 20% at fault, your compensation would be reduced by 20%.

What damages can I recover after a pedestrian accident in NYC?

In a New York pedestrian accident claim, you may be able to recover economic damages (medical bills, lost wages, rehabilitation costs) and non-economic damages (pain and suffering, emotional distress, reduced quality of life). In severe cases, future medical expenses and long-term disability may also be included.

How long do I have to file a pedestrian accident lawsuit in New York?

In most cases, the statute of limitations for filing a personal injury lawsuit in New York is three years from the date of the accident. However, certain exceptions may apply, especially if a government vehicle or agency is involved. Missing the deadline could prevent you from recovering compensation.

What evidence helps prove liability in a crosswalk accident?

Important evidence may include traffic camera footage, surveillance video, police reports, witness statements, medical records, accident reconstruction analysis, and cell phone records (to prove distracted driving). An experienced pedestrian accident attorney can help gather and preserve this evidence.

Do I need a lawyer after a pedestrian accident in New York City?

While you are not legally required to hire an attorney, having experienced legal representation significantly improves your chances of recovering fair compensation. A lawyer can calculate your full damages, handle insurance negotiations, meet filing deadlines, and represent you in court if necessary.

If you were in a pedestrian accident and sustained injuries, it’s important to know what your legal options are.  

Filing a personal injury claim can usually assist you in receiving compensation to take care of medical expenses and other losses you sustained, but you will need to know who can be held liable for the accident. That’s not simple to establish.  

Liability in Crosswalk Accidents 

In the majority of cases, the driver of the vehicle is responsible for the losses you suffered. That is because motor vehicles must stop and give the right-of-way to pedestrians if they’re crossing in a crosswalk.  

Drivers who were distracted and didn’t spot the pedestrian, as well as those who were speeding and didn’t have time to stop, can all be held responsible.  

Another common cause of pedestrian accidents at a crosswalk is unsafe passing. If a vehicle has stopped to allow a person to cross and another car makes an unsafe pass, they will likely not realize there’s a pedestrian to watch out for.  

There are some instances, however, when it’s possible for the pedestrian to be fully or partly responsible. One example is if they were jaywalking at the time of the accident. Jaywalking refers to a pedestrian crossing a street outside of a crosswalk or while a light is telling them not to cross.  

A pedestrian who is distracted by looking down at their phone or otherwise not paying attention could also be responsible for a crosswalk accident. They may not realize the light has changed, for example, making crossing dangerous. Additionally, pedestrians who are intoxicated can also be responsible if they acted with negligence.  

Can Fault Be Shared in a New York City Crosswalk Accident? 

In some instances, both parties could be liable for the accident. If, for example, the driver was speeding and didn’t have time to stop at a crosswalk, and the pedestrian was distracted and didn’t notice the car and crossed anyway, both could be partly responsible. However, the driver will typically hold the most fault.  

New York has pure comparative negligence laws. This means you can be up to 99% responsible for your own injuries and still receive compensation. Your settlement or award will be reduced by your percentage of liability, however.  

How a Lawyer Can Assist After a Pedestrian Accident 

Filing a personal injury claim is a complex process that you should not pursue without assistance from attorneys.  

For one thing, you may have sustained serious injuries that prevent you from beginning the filing process. The statute of limitations in New York is three years from the date of the accident, but there can be exceptions. If you miss the deadline, you won’t be able to file.  

An attorney will also be able to help you gather the most pertinent evidence to prove your claim. Your lawyer will know what evidence can demonstrate liability clearly, and they’ll have contacts among expert witnesses who can provide corroborating testimonies.  

With a lawyer, you will also be able to get a clear idea of the losses you can claim. There are economic and non-economic damages, but it’s not always simple to fully calculate what you suffered. If you try to do this on your own, you could end up missing out on some of the compensation you could have fought for.  

Additionally, your lawyer will negotiate aggressively with insurers. These companies will do everything they can to minimize your claim, so having representation makes it more likely that you’ll walk away with a more substantial settlement.  

In the most complex cases, it may be necessary to go to court. That is not something you should ever attempt without legal counsel.  

Ask4Sam After a Pedestrian Accident 

If you have been in a pedestrian accident in New York and suffered injuries and other losses, you may be entitled to compensation. Because it’s likely that your wounds are significant, you need experienced representation to help you fight for your rights.  

At Silberstein & Miklos, we provide trusted legal services to assist you through the claims process. You can focus on healing from your injuries while we take care of the legal process. Don’t wait to speak with our legal team if you have been in an accident. Contact us to schedule a free, no-obligation consultation.