If you get hit by a car as a pedestrian in New York, you likely have questions about your legal rights and who will pay for your recovery. The good news is that you have options. Here’s what you need to know about claiming compensation after a New York pedestrian accident.

Pedestrian Rights in New York

New York law protects pedestrians by requiring drivers to act carefully. New York Vehicle and Traffic (VAT) Law § 1146 requires drivers to exercise “due care” to avoid colliding with pedestrians. This means drivers must be alert and cautious and take necessary steps—like honking their horns—to prevent accidents.

Additionally, NY VAT § 1151 gives pedestrians the right of way in crosswalks. Drivers must yield to pedestrians who are in or entering a crosswalk. NY VAT § 1152 further clarifies that pedestrians crossing outside of crosswalks must yield to vehicles, but this does not relieve drivers of their duty to exercise care. 

No-Fault Insurance and Pedestrian Accidents in New York

In New York, no-fault insurance laws apply to most car accidents, including those involving pedestrians. If a motorist hits you as a pedestrian, you can file a claim under the driver’s no-fault insurance policy. New York requires drivers to carry no-fault insurance, which covers medical expenses, lost wages, and other related costs, regardless of who caused the accident.

Basic no-fault insurance covers up to $50,000 in losses. You can use this coverage to pay for necessary medical treatments, including doctor visits, hospital stays, and physical therapy. It also covers a portion of your lost wages if your injuries prevent you from working. You must file a no-fault claim within 30 days of the accident to receive benefits. If you miss this deadline, you could lose access to coverage. 

When Can a Pedestrian File a Lawsuit for Serious Injuries?

New York allows you to “step outside” of the no-fault system and file a lawsuit against the at-fault driver if you suffer severe harm in a car accident. Specifically, New York Insurance Law § 5102(d) says you must meet the “serious injury” threshold to sue. Serious injuries include those that result in fractures, disfigurement, and significant limitations in body function.

If your injuries qualify, you can seek compensation beyond what no-fault insurance provides. This includes compensation for losses that exceed the $50,000 no-fault limit and compensation for pain and suffering, emotional distress, and long-term medical expenses. However, you must prove that the motorist’s negligence caused your injuries. Filing a lawsuit isn’t easy, but it can allow you to recover the full compensation you need to move forward after a severe injury.

What Happens If the Motorist Is Uninsured or Flees the Scene?

If the motorist who hit you is uninsured or flees the scene, you still have options for recovering compensation. New York law requires drivers to carry uninsured motorist coverage as part of their auto insurance policies. This coverage can pay for your medical expenses, lost wages, and other losses if the responsible driver does not have insurance or cannot be identified.

If you do not own a car, you can still file a claim through the Motor Vehicle Accident Indemnification Corporation (MVAIC). The MVAIC is a nonprofit that provides coverage for New York residents who get hurt in accidents and have no other auto insurance available to them. To qualify for MVAIC benefits, you must report the incident to the police within 24 hours and file a claim within 90 days if the accident was a hit-and-run.

Contact a New York Pedestrian Accident Lawyer Now

If a motorist has hit you while you were a pedestrian in New York, CDH Law PLLC can review your case and help you understand your legal options for seeking compensation. Contact us today to arrange your initial consultation and learn how we can fight for the financial recovery you deserve.

Carden Dotzler Hammond, PLLC represents clients in Syracuse, Central New York, and in the following towns and villages of Onondaga County: Camillus, Cicero, Clay, Dewitt, Elbridge, Geddes, Manlius, Marcellus, Onondaga, Salina, Skaneateles, Baldwinsville, East Syracuse, Fayetteville, Jefferson County, Liverpool, North Syracuse, and Solvay. 

When a pedestrian is struck by a vehicle, the natural assumption is that the driver is automatically at fault. However, the reality is more complex. While drivers do have a responsibility to be aware of and yield to pedestrians, there are situations where a pedestrian may be partially or fully to blame for an accident. Let’s take a closer look at the factors that determine fault in pedestrian accidents and what it means for those involved.

Driver Responsibility

Drivers have a duty of care to operate their vehicles safely and be vigilant for pedestrians. This includes:

1. Obeying traffic laws and speed limits
2. Yielding to pedestrians in crosswalks
3. Exercising extra caution in areas with high pedestrian traffic
4. Avoiding distractions like cell phone use while driving

A driver who fails to meet these responsibilities will likely be at fault for a subsequent collision. Here are some examples of that failure in action:

• Speeding through crosswalks
• Running red lights or stop signs
• Driving while intoxicated
• Distracted driving (such as texting, eating, or wool-gathering)
• Failing to yield right-of-way to pedestrians

Pedestrian Responsibility

While drivers bear a significant burden of responsibility, pedestrians also have obligations of their own they must follow. Pedestrians can be found partially or fully at fault if they:

1. Jaywalk or cross outside of designated crosswalks
2. Ignore “Don’t Walk” signals at intersections
3. Walk along highways or other areas where pedestrians are prohibited
4. Dart suddenly into traffic, giving drivers no time to react
5. Are intoxicated and behaving erratically near roadways

Shared Fault and Comparative Negligence

In many cases, both the driver and pedestrian may share some degree of fault for an accident. New York follows a “pure comparative negligence” rule, which means that an injured party can still recover damages even if they are partially at fault. However, their compensation will be reduced by their percentage of fault.

For example, let’s imagine a scenario where a pedestrian is struck while jaywalking, but the driver was speeding. The pedestrian suffers serious injuries and seeks $100,000 in damages from the driver. A court hearing the pedestrian’s case determines that the pedestrian was 30% at fault and the driver 70% at fault. In this case, the pedestrian would be able to recover $70,000—that is, 70% of $100,000.

Determining Fault

Establishing who is at fault for a pedestrian accident often requires a thorough investigation of evidence such as:

• Police reports
• Witness statements
• Traffic camera footage
• Accident reconstruction analysis
• Road conditions and signage
• Vehicle damage
• Medical reports

It’s crucial for both drivers and pedestrians involved in an accident to document as much information as possible at the scene and seek legal representation to protect their rights.

Legal Implications

The person found to be at fault for a pedestrian accident will likely also be liable for the harm other parties suffered in it. In New York, pedestrian accident victims can seek damages for:

• Medical expenses (current and future)
• Lost wages and earning capacity
• Property damage
• Pain and suffering
• Emotional distress
• Rehabilitation costs

Preventing Pedestrian Accidents

Both drivers and pedestrians can take steps to reduce the risk of accidents:

Here are some tips for drivers:

• Always be alert for pedestrians, especially in urban areas
• Slow down in areas with high foot traffic
• Never drive under the influence of drugs or alcohol
• Avoid distractions while driving

For their part, pedestrians should:

• Use designated crosswalks and obey traffic signals
• Wear bright or reflective clothing at night
• Make eye contact with drivers before crossing
• Avoid using mobile devices while walking near traffic

The Importance of Legal Representation in Pedestrian Accidents in Syracuse

At CDH Law, PLLC, our team of skilled attorneys has extensive experience handling pedestrian accident cases in Syracuse and throughout Central New York. We understand the nuances of New York’s traffic laws and comparative negligence rules, and we’re committed to fighting for the best possible outcome for our clients. Whether you’re a pedestrian or a driver who’s been injured, we’re here to provide the robust legal representation you need during this challenging time. Contact us today.

Carden Dotzler Hammond, PLLC represents clients in Syracuse, Central New York, and in the following towns and villages of Onondaga County: Camillus, Cicero, Clay, Dewitt, Elbridge, Geddes, Manlius, Marcellus, Onondaga, Salina, Skaneateles, Baldwinsville, East Syracuse, Fayetteville, Jefferson County, Liverpool, North Syracuse, and Solvay. 

In the bustling streets of New York, pedestrians weave through traffic and navigate crowded sidewalks, accidents involving vehicles can and do happen all too often. If you find yourself a pedestrian involved in such an incident, it is crucial to understand your rights and the legal recourse available to you.

Key Rights of Pedestrians After an Accident

Right to a Safe Environment

New York law mandates that property owners and municipalities maintain safe premises for pedestrians. This encompasses well-maintained sidewalks, proper lighting, and clear signage. If a lack of maintenance or negligence contributed to the accident, the pedestrian may have grounds for a personal injury claim against the responsible party.

Right to Compensation for Injuries

Pedestrians have the right to seek compensation for injuries sustained in a vehicle accident. Whether it’s a minor collision or a more severe incident resulting in significant injuries, the responsible party may be liable for medical expenses, rehabilitation costs, lost wages, pain and suffering, and other damages.

Right to File a Personal Injury Claim

In the aftermath of a pedestrian-vehicle accident, consulting with an experienced personal injury attorney who specializes in such cases is essential. New York follows a no-fault insurance system, requiring pedestrians injured by a vehicle to first seek compensation through their own insurance policy. However, if the injuries are severe, surpassing the “serious injury” threshold defined by New York law, the pedestrian may have the right to file a personal injury lawsuit against the at-fault driver.

Right to Recover Damages in a Lawsuit

If a pedestrian’s injuries meet the criteria for a personal injury lawsuit, they may be eligible to pursue various types of damages. These can include economic damages, such as medical expenses and lost wages, as well as non-economic damages for pain and suffering, emotional distress, and loss of enjoyment of life.

Right to Legal Representation

Pedestrians involved in accidents with vehicles have the right to legal representation. A skilled personal injury attorney can navigate the complexities of New York’s legal system, gather evidence, interview witnesses, and negotiate with insurance companies to help ensure the pedestrian receives the compensation they deserve. Having a knowledgeable advocate by your side is crucial in achieving a favorable outcome in your case.

Syracuse & Central Pedestrian Accident Attorneys

In the aftermath of a pedestrian-vehicle accident in New York, the injured party must be aware of their rights and the legal options available to them. Seeking the guidance of an experienced personal injury attorney can make a significant difference in navigating the complexities of the legal system and securing fair compensation. By understanding their rights, pedestrians can take the necessary steps to protect their interests and move forward on the path to recovery. For trusted legal counsel after an accident, get in touch with the team at CDH Law. Contact us today.