[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.injuryclaimnyclaw.com\/blog\/pedestrian-injuries-in-new-york-car-accidents-whos-at-fault\/#BlogPosting","mainEntityOfPage":"https:\/\/www.injuryclaimnyclaw.com\/blog\/pedestrian-injuries-in-new-york-car-accidents-whos-at-fault\/","headline":"Pedestrian Injuries in New York Car Accidents: Who\u2019s at Fault?","name":"Pedestrian Injuries in New York Car Accidents: Who\u2019s at Fault?","description":"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 […]","datePublished":"2024-08-14","dateModified":"2026-10-29","author":{"@type":"Person","@id":"https:\/\/www.injuryclaimnyclaw.com\/blog\/author\/davidresnick\/#Person","name":"David Resnick","url":"https:\/\/www.injuryclaimnyclaw.com\/blog\/author\/davidresnick\/","identifier":12,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/9a3013950d41a44d6b0e6763649a50fe204ed95d3b6159870ec7dc3bb33ff2c6?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/9a3013950d41a44d6b0e6763649a50fe204ed95d3b6159870ec7dc3bb33ff2c6?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"David Resnick & Associates","logo":{"@type":"ImageObject","@id":"https:\/\/www.injuryclaimnyclaw.com\/wp-content\/uploads\/2024\/01\/david-resnick-logo.png","url":"https:\/\/www.injuryclaimnyclaw.com\/wp-content\/uploads\/2024\/01\/david-resnick-logo.png","width":287,"height":87}},"image":{"@type":"ImageObject","@id":"https:\/\/www.injuryclaimnyclaw.com\/wp-content\/uploads\/2024\/09\/Pedestrian-Injuries-Law.jpg","url":"https:\/\/www.injuryclaimnyclaw.com\/wp-content\/uploads\/2024\/09\/Pedestrian-Injuries-Law.jpg","height":483,"width":724},"url":"https:\/\/www.injuryclaimnyclaw.com\/blog\/pedestrian-injuries-in-new-york-car-accidents-whos-at-fault\/","video":{"@context":"http:\/\/schema.org\/","@type":"VideoObject","@id":"https:\/\/www.youtube.com\/watch?v=8p1qm75k5SM#VideoObject","contentUrl":"https:\/\/www.youtube.com\/watch?v=8p1qm75k5SM","name":"Can I Win a Slip and Fall Case in NY if I Was Partially at Fault? - David Resnick & Associates, P.C.","description":"\ud83d\udd17 Learn more about NY slip and fall claims and partial fault: https:\/\/www.injuryclaimnyclaw.com\/slip-and-fall-accidents\/\n\nCan you still win a slip and fall settlement in New York if you were partially to blame for your own accident? In this video, New York Personal Injury Attorney David Resnick discusses comparative negligence laws in NY and breaks down how insurance companies try to deny claims by arguing that you were not paying attention or that the defect was too minor (de minimis) to matter.\n\nWe take a deep dive into a real-life NY case study where a woman slipped on food outside a hospital cafeteria\u2014food she had actually seen 25 minutes earlier. We explain why the jury found her 40% responsible but held the hospital 60% liable, resulting in a seven-figure verdict for her injuries. We also cover why sidewalk height defects as small as half an inch are not automatically considered minor when they stretch across an entire walkway slab.\n\n\ud83d\udcf2 Follow us:\n\u25ba Facebook: https:\/\/www.facebook.com\/DavidResnickLaw\/\n\u25ba Twitter: https:\/\/twitter.com\/injurylawyernyc\n\u25ba LinkedIn: https:\/\/www.linkedin.com\/in\/nyinjuryattorney\/\n\u25ba Yelp: https:\/\/www.yelp.com\/biz\/david-resnick-and-associates-pc-new-york-2\n\n\ud83d\udccd David Resnick & Associates, P.C.\n450 7th Ave #409\nNew York, NY 10123\n\ud83d\udcde (212) 279-2000\n\ud83c\udf10 https:\/\/www.injuryclaimnyclaw.com\/\n\n#SlipAndFallLawyer #PersonalInjuryLawyer #NewYorkLawyer #PremisesLiability #DavidResnickLaw #TripAndFall\n\nFULL VIDEO TRANSCRIPT\n\nDavid Resnick: Can I still win my case even though I'm partially at fault? That's a great question. The answer is definitely yes.\n\nDavid Resnick: The lawyers or the insurance carrier for the property owner, their job is to show that you were at least in part at some fault. They'll ask you during a case, \"Where were you looking when you fell?\" Well, if you were looking down at the defect, then you wouldn't have fallen. And the fact that you fell means you weren't paying attention. Every single case we've had, that's a claim that the defendants make, and we've been able to beat that claim.\n\nDavid Resnick: We had a case in which a woman slipped and fell inside a hospital on some pieces of food just outside the cafeteria where she had actually seen the food about 25 minutes before as she was going into the cafeteria. On her way out, she forgot that the food was there, or she had just assumed that it would be removed, and she slipped and fell on the food that she had seen 25 minutes prior.\n\nDavid Resnick: The defendant hospital made a big deal out of that\u2014saw it 25 minutes before, how could she miss it if she knew it was there? She forgot. She forgot that it was there. There was the last thing on her mind was the food she saw. She was in a hospital; she had a lot of other concerns on her mind at the time. We tried that case, and the jury did say that she was 40% responsible, but they found that the hospital was 60% responsible, and she recovered a seven-figure verdict for her injuries.\n\nDavid Resnick: Another thing that comes up is what's called a de minimis defect. A de minimis defect is one where the defendant or the insurance carrier will claim that what caused you to trip and fall is so minor that you shouldn't be able to make a claim. First of all, the accident happened. The accident happened and was caused by that defect\u2014there is a defect there. Let's say the defect is only half an inch high or a quarter of an inch high. Well, if it goes across an entire sidewalk slab, that's not really de minimis, is it?\n\nDavid Resnick: A lot of people are at least partially at fault when they trip and fall. Our argument is, hey, if the defect wasn't in the sidewalk in the first place, that wouldn't matter. Whether it's the injured victim's fault or not, you know, that's a very subjective thing. How many different things is someone who's walking in a New York City street supposed to view at the same time? If the sidewalk is smooth, that should be the last thing that they should be noticing. It's reasonable to expect that there's not going to be a broken sidewalk where you're walking.\n\nDavid Resnick: My name is David Resnick. If you've been injured in an accident, call me at (212) 279-2000. That's (212) 279-2000.","thumbnailUrl":["https:\/\/i.ytimg.com\/vi\/8p1qm75k5SM\/default.jpg","https:\/\/i.ytimg.com\/vi\/8p1qm75k5SM\/mqdefault.jpg","https:\/\/i.ytimg.com\/vi\/8p1qm75k5SM\/hqdefault.jpg","https:\/\/i.ytimg.com\/vi\/8p1qm75k5SM\/sddefault.jpg","https:\/\/i.ytimg.com\/vi\/8p1qm75k5SM\/maxresdefault.jpg","https:\/\/i.ytimg.com\/vi\/8p1qm75k5SM\/fhddefault.jpg"],"uploadDate":"2026-09-30T00:10:56+00:00","duration":"PT2M42S","embedUrl":"https:\/\/www.youtube.com\/embed\/8p1qm75k5SM","publisher":{"@type":"Organization","@id":"https:\/\/www.youtube.com\/channel\/UCdbSoi4Cq6fpUOtJjqQAb5g#Organization","url":"https:\/\/www.youtube.com\/channel\/UCdbSoi4Cq6fpUOtJjqQAb5g","name":"David Resnick & Associates, P.C.","description":"Why Do You Need An Attorney?Contact Our New York Personal Injury Attorneys\nWhether you\u2019ve been hurt in a New York car accident, a slip & fall, or a construction accident, every New York Personal Injury Lawyer at the law firm of David Resnick & Associates, P.C. is committed to helping you with your legal needs.\n\nDavid Resnick, the firm\u2019s founder and a New York Personal Injury Lawyer, believes that strong client relationships, built on trust and communication, are the keys to success. He is committed to helping clients throughout the New York area, including Manhattan, Queens, Brooklyn, Staten Island, the Bronx and all of New York City, rebuild their lives after a traumatic injury or accident.","logo":{"url":"https:\/\/yt3.ggpht.com\/ytc\/AIdro_lgcFapDitICjoV-WReLoRlYkWFp2CMA5ltaWevhI7LLb0=s800-c-k-c0x00ffffff-no-rj","width":800,"height":800,"@type":"ImageObject","@id":"https:\/\/www.youtube.com\/watch?v=8p1qm75k5SM#VideoObject_publisher_logo_ImageObject"}},"potentialAction":{"@type":"SeekToAction","@id":"https:\/\/www.youtube.com\/watch?v=8p1qm75k5SM#VideoObject_potentialAction","target":"https:\/\/www.youtube.com\/watch?v=8p1qm75k5SM&t={seek_to_second_number}","startOffset-input":"required name=seek_to_second_number"},"interactionStatistic":[[{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=8p1qm75k5SM#VideoObject_interactionStatistic_WatchAction","interactionType":{"@type":"WatchAction"},"userInteractionCount":33}]]},"about":["Pedestrian Accidents"],"wordCount":723,"articleBody":"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 YorkPedestrian 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\u2019s 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 AccidentsDetermining 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\u2019s negligence directly leads to the pedestrian\u2019s 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\u2019s 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\u2019s 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\u00a0the 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\u00a0Manhattan,\u00a0Queens,\u00a0Brooklyn,\u00a0Staten Island, the\u00a0Bronx,\u00a0and 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. 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