Understanding Right of Way Laws in New York Pedestrian Injury Cases
Pedestrian accidents in New York City often raise an important question: who had the right of way? The answer can play a major role in how a claim is handled and how responsibility is evaluated. With busy intersections, heavy traffic, and constant foot traffic, understanding how these laws work can help you better understand what happens after an accident.
Right of way laws are designed to keep both pedestrians and drivers safe. When these rules are not followed, serious injuries can occur.
What Do New York Laws Say About Pedestrians?
In New York, pedestrians are given certain protections under the law, especially at crosswalks and intersections. According to New York Vehicle and Traffic Law Section 1151, drivers must yield the right of way to pedestrians who are crossing the roadway within a crosswalk when traffic control signals are not in place or not operating.
This means that when a pedestrian is lawfully in a crosswalk, drivers are generally expected to slow down or stop to allow safe passage. However, the law also places responsibilities on pedestrians to act with reasonable care.
Situations Where Right of Way Comes Into Play
Right of way issues can arise in many common scenarios, including:
- Marked and unmarked crosswalks: Pedestrians typically have the right of way when crossing at intersections.
- Traffic signals: Pedestrians must follow walk and don’t walk signals where present.
- Mid-block crossings: Crossing outside a crosswalk may shift responsibility depending on the situation.
- Turning vehicles: Drivers making turns must yield to pedestrians crossing the street they are entering.
- Shared responsibility cases: Both parties may share some level of fault depending on the circumstances.
Each case depends on specific facts, and small details can make a significant difference.
How Fault Is Evaluated in These Cases
New York follows a comparative negligence system. This means that even if a pedestrian is partially at fault, they may still be able to recover damages, though the amount could be reduced based on their percentage of responsibility. For example, if a pedestrian crosses against a signal but a driver is speeding or distracted, both parties’ actions may be considered. Determining fault often involves reviewing evidence and the specific facts of each case.
Contact Us for Help with Your Case
Understanding right of way laws can help you better navigate what happens after a pedestrian accident in New York City. These rules help establish how responsibility may be assessed, but each case is unique and depends on the details involved.
Have you been injured in an accident? Our New York City pedestrian accident attorneys at Jaroslawicz & Jaros, PLLC are prepared to discuss your situation in detail and begin building a case to help you recover compensation. Contact us today to begin.
Source:
nysenate.gov/legislation/laws/VAT/1151