If you’re walking on the streets of New York, you would most likely have to cross at least one crosswalk to reach your destination. Unfortunately, accidents in crosswalks are a very common occurrence in the streets of New York, and determining who is responsible for the accident often hinges on one critical question—who has the right of way?
At Gabriel Law, our team has been the pedestrian accident attorney in NYC for many residents, and in this blog, we will be breaking down how the rules on the right of way work, and understanding them is crucial to the success of your pedestrian accident claim.
When do pedestrians have the right-of-way?
In New York, pedestrians are considered to have the right of way in the following circumstances:
- On marked and unmarked crosswalks—In New York, all intersections are deemed to have crosswalks, even if there are no visible lines.
- When the “walk” sign is on at a traffic light
- When the pedestrian is noticeably blind (using a cane or guide dog)
- When the vehicle is coming-up on a driveway, alley, or private road.
When you have the right of way, you are well within your rights to cross the street and expect drivers to yield the way. In the event you meet with an accident, it is highly unlikely that the other side would be able to make a convincing argument to reduce your compensation under New York’s pure comparative negligence rule.
When do pedestrians not have the right of way?
On the flip side, pedestrians will not have the right of way in the streets of New York in the following situations.
- If the pedestrian was jaywalking
- When there is a “don’t walk” signal on the traffic light
- When the pedestrian suddenly steps off the curb and the driver does not have reasonable time to safely yield the right of way.
- When there is a pedestrian overpass or tunnel in close proximity
- When walking on the road when a sidewalk is available
If a pedestrian is injured in any of the above situations, it is very likely that they may be deemed partially at fault for the accident that caused them their injuries. If that is the case, their compensation may be reduced by the percentage of the accident’s fault that is attributed to them under pure comparative negligence.
For example, suppose an accident took place when the pedestrian crossed the road when there was a “don’t walk” signal on the traffic light. In such an instance, the pedestrian is not blameless, and the investigation finds that he was 30% responsible for his injuries. In the event he claims $100,000 compensation, the amount payable to him will be reduced by 30%, making the final amount $70,000.
What are the New York traffic laws connected to the right-of-way?
When handling pedestrian accidents involving right-of-way incidents, as pedestrian accident lawyers in New York, we often reference the following sections of the New York Traffic Code that explain the rights and duties of pedestrians.
- Section 1150—Pedestrians need to obey traffic-control lights.
- Section 1151—Pedestrians have the right-of-way in marked and unmarked crosswalks at intersections.
- Section 1151-a—In addition to marked and unmarked crosswalks, pedestrians also have the right of way when entering or leaving an alleyway or private road.
- Section 1152—If there are no marked or unmarked crosswalks, the pedestrians must yield the right-of-way to the vehicles on the road.
Conclusion
If you’ve been injured in a pedestrian accident where the question of the right of way is at the heart of the dispute, you want to look up the best pedestrian accident lawyer near me to get some advice on the best way to move forward. If you are looking to file an insurance claim or take the matter to court, Gabriel Law is ready to help you. Our team of pedestrian accident attorneys in NYC will stop at nothing to fight for your rights and get you the just compensation you deserve. Don’t delay—get in touch with us and schedule your free consultation today.
