Pedestrian Accidents at Crosswalks in NYC
In a city as busy as New York City, car accidents involving pedestrians being hit by a car in the crosswalk settlement are an unfortunately all-too-common occurrence. If you or a loved one has been injured while crossing an intersection in the City, it is important that you have experienced legal representation to fight for full compensation for your injuries.
For over 20 years, the attorneys at David Resnick & Associates have helped pedestrians injured in crosswalk accidents in New York City pursue justice. Our attorneys are committed to being vigorous advocates for our clients.
When you hire a pedestrian accident lawyer at David Resnick & Associates to handle your pedestrian crosswalk accident case, you get a team of attorneys who can provide you with focused representation. As a small law firm, our lawyers offer one-on-one attention to each client. Our staff is bilingual and serves clients who speak English or Spanish. Our firm’s dedication to helping others extends to our local community. Our firm gives back to those who have served our nation by supporting local veterans through annual grants.
If you or a loved one has been seriously injured in a pedestrian crosswalk accident in New York City, contact David Resnick & Associates today to schedule a free consultation with our legal team. During a case review, we can evaluate the details of your accident and discuss your legal options.
Common Causes of Crosswalk Pedestrian Accidents in New York City
Some of the common causes of crosswalk pedestrian accidents in New York City include:
- Failing to yield to pedestrians
- Left-hand turns, when drivers’ attention may be more focused on navigating an intersection than observing a pedestrian in the crosswalk
- Distracted driving
- Speeding, which increases the risk of serious or fatal injuries when accidents occur
- Driving under the influence of alcohol or drugs
- Poor lighting or weather conditions
- Failure to observe pedestrians when backing up
If you or a loved one has been injured in a crosswalk accident in NYC, contact the personal injury lawyers of David Resnick & Associates today for assistance.
NYC Pedestrian Rights and Duties
Pedestrians must obey traffic signals when they are crossing an NYC intersection.
Drivers must yield to pedestrians in a crosswalk when there is no traffic control signal.
Drivers approaching an intersection also must yield to a pedestrian accompanied by a guide dog or using a white cane.
When a pedestrian has the right of way and is struck by a car in a crosswalk, the pedestrian may seek compensation from the at-fault driver and his or her insurance company. However, when a person on foot fails to follow the traffic rules for crossing an intersection, the pedestrian may be found partially or entirely at fault for an accident involving a motor vehicle.
Some of the pedestrian rights and duties under New York law include:
- Duty to Obey Traffic Signals—Pedestrians are required to obey traffic control signals, such as walk/don’t walk signs or traffic lights. A pedestrian who crosses the street against a traffic light might be found partially or totally at fault for an accident.
- Right of way in the crosswalk – When traffic controls are not in place, drivers are expected to yield the right of way to a pedestrian in a crosswalk.
- Pedestrians’ right of way on sidewalks – Vehicles that are emerging from alleys, buildings, driveways, or private roads must yield the right of way to a pedestrian walking on a sidewalk.
- Pedestrians’ duty to yield when crossing at locations other than crosswalks – Pedestrians crossing a road at a point other than a crosswalk are expected to yield the right of way to vehicles on the road.
- Blind or visually impaired pedestrians – Drivers must at all times yield the right of way to a pedestrian who is blind or visually impaired who is using a guide dog or cane/walking stick.
What to Do After Being Hit by a Car in the Crosswalk
If you are a pedestrian who has been hit by a car in the crosswalk, there are steps you should take to protect yourself and your rights. First, you should seek immediate medical attention, as the shock of being hit by a car can cause feelings that mask the pain of injuries.
If paramedics who respond to the scene of the accident want to transport you to the hospital, you should let them take you for treatment. If you do not require emergency medical care, you should visit an emergency room, an urgent care center, or your primary care physician as soon as possible and inform the doctor that you were involved in a pedestrian accident.
If you don’t seek prompt medical treatment, it will allow the driver and his or her insurance company to claim that you were not injured in the accident or that your injuries are not as serious as you claim. Some injuries such as concussions may not be obvious at first and may only be apparent to a trained health care provider.
You should try to gather evidence from the scene of the accident. If you are not physically able to do so, you can call an acquaintance to the scene or ask a police officer to share contact information for the other driver and his or her insurance.
Photos of the accident scene may provide important evidence. Try to capture the position of the vehicle that hit you and any damage to the vehicle, your visible injuries, the traffic controls at the scene of the accident, any fresh skid marks on the road, and the weather and road conditions.
Who Is Liable in a Pedestrian Accident?
In many situations, a driver is expected to yield the right of way to a pedestrian, especially when the pedestrian is in the crosswalk. In many pedestrian accidents, the driver of the vehicle that hits a pedestrian is often liable for the accident.
However, in some circumstances, another party may bear some liability for the accident. For example, a bicyclist riding down a sidewalk who forces a pedestrian to jump out of the way into the street. Another example might be an illegally parked vehicle that obstructs a pedestrian from being seen by drivers proceeding down the road.
In other circumstances, a pedestrian may bear liability for the accident. Examples include a pedestrian crossing against a traffic signal into oncoming traffic, crossing the road at a point other than a crosswalk and failing to yield to oncoming traffic, or walking along a limited access highway or other roadways where pedestrians are prohibited.
Proving the Driver Was Negligent
In some crosswalk pedestrian accident cases, the driver may try to argue that the pedestrian was at fault for the accident, claiming that the pedestrian “jumped out in front” of the driver’s vehicle or tried to cross when the driver had a green light.
Eyewitnesses can testify as to important details in the moments leading up to the accident, such as whether the driver appeared to be speeding, whether the pedestrian was attempting to cross at a crosswalk, and whether the pedestrian had the right of way to proceed, based on the traffic signals.
Nearby surveillance video can also definitely capture these details. Other details may provide evidence of the driver’s negligence, such as skid marks on the road, which can indicate that the driver was speeding.
Negotiating Your Injury Compensation
Most New York crosswalk accident cases are resolved through a negotiated settlement long before the cases reach trial. The first steps in negotiating compensation in a crosswalk pedestrian accident claim involve assessing who is at fault and estimating your damages related to the pedestrian accident. You may have a right to claim compensation for your medical expenses, your projected future medical expenses, your lost wages, your estimated lost future earnings, and any property damage you’ve suffered.
You also may claim compensation for your non-economic losses, which can include physical and emotional pain and suffering, loss of quality of life due to the inability to perform daily tasks or participate in activities you enjoyed.
Common Pedestrian Accident-Prone Areas in NYC
According to a 2016 study by the New York City Department of Transportation, the intersections that had the highest number of pedestrian accidents in New York City (as of 2014) were:
- W. 23rd St. & Avenue of the Americas in Manhattan
- W. 5th St. & 10th Ave. in Manhattan
- Bath Ave. & Bay Pkwy. in Brooklyn
- Bruckner & E. 138th St. in the Bronx
- E. 233rd St. & Grenada Pl./Baychester Ave. in the Bronx
- E. Tremont Ave. & Southern Blvd. in the Bronx
- Elder Ave & Main St. in Queens
- Franklin Ave. & Eastern Pkwy. in Brooklyn
- Hillel Pl. & Nostrand Ave./Flatbush Ave. in Brooklyn
- Hillside Ave. & 166th St./Merrick Blvd. in Queens
- Lexington Ave. & E. 23rd St. in Manhattan
- Myrtle Ave. & Gold St./Flatbush Ave. in Brooklyn
- Rockaway Pkwy. & Avenue K in Brooklyn
- Sanford Ave. & Kissena Blvd. in Queens
- South St. & Rutgers Slip in Manhattan
- W. 135th St. & Broadway in Manhattan
- 55th Ave. & Queens Blvd. in Queens
- Linden Blvd. & Ashford St. in Brooklyn
- Slosson Ave. & Windsor Ave. in Staten Island
- Stillwell Ave. & Surf Ave. in Brooklyn
Contact a New York Crosswalk Accident Lawyer
If you or a loved one has been hit by a car while in a crosswalk, contact an NYC crosswalk injury attorney of David Resnick & Associates today. Talk to one of our lawyers about your case and learn how our firm can help you secure the financial compensation and justice that you deserve.
Our team is available to answer your questions and help you understand your legal options when you call (212) 279-2000 or fill out a contact form to schedule your FREE, confidential consultation with us.