top of page

Common Pedestrian Accident Myths in NY and the Facts

Writer's picture: Alex MalteseAlex Maltese

Pedestrian accidents are a big concern in New York, especially with so many people walking in busy streets and intersections every day. These incidents can cause serious injuries, such as broken bones, and even lead to pedestrian fatalities.


A significant number of people injured in these accidents face medical expenses, lost wages, and other hardships. Unfortunately, there are many myths about pedestrian accidents that can confuse both walkers and drivers.


Knowing the facts can help prevent mishaps and make it easier for injured victims to seek fair compensation. In this article, readers can learn about the common pedestrian accident myths in NY and the truth behind them. Our team can also provide information on common bicycle accident myths in NY.


Myth #1: Pedestrians Have Automatic Protection under the Law

Myth #1: Pedestrians Have Automatic Protection under the Law


Some people think that pedestrians always have automatic protection under New York traffic laws, but that’s not the case. While pedestrians do have rights, they’re also expected to follow traffic rules, such as crossing at labeled crosswalks and obeying traffic signals. Ignoring these rules, such as jaywalking or stepping into traffic without looking, can make them partly at fault in an accident.


In New York City and across the state, accidents often happen because both pedestrians and drivers fail to exercise caution. For example, if someone crosses a street outside a crosswalk and a vehicle hits them, the walker may be held responsible for their injuries.


Pedestrians should always stay visible, follow traffic signals, and avoid distractions such as texting while walking. Even with serious injuries, pedestrians who break traffic regulations may face challenges when seeking a fair settlement.


Myth #2: Only Drivers Are at Fault in Pedestrian Accidents


It’s easy to assume that drivers are always at fault in pedestrian accidents, but that’s not true. In New York State, responsibility can be shared between drivers and walkers. For instance, if someone crosses a street outside a marked crosswalk while distracted, they could be found partially at fault for the accident.


New York uses comparative fault rules, which means compensation for injuries, medical costs, or suffering is adjusted based on how much fault each party shares. If a pedestrian is found 30% at fault, their compensation might be reduced by that percentage.


Determining fault often relies on evidence such as traffic signals, video footage, and witness statements. This process can get tricky, especially when insurance companies get involved.


Myth #3: Pedestrian Accidents Are Mostly a Big City Problem


It’s easy to think pedestrian accidents only happen in busy cities such as New York, but that’s not true. These incidents occur in suburban areas, such as Long Island, where the risks can be even higher.


Suburbs often have fewer marked crosswalks, higher speed limits, and less pedestrian awareness from drivers. For instance, a passerby walking along a poorly lit street without sidewalks is at significant risk, especially if drivers are speeding or distracted.


In rural or suburban areas, pedestrian fatalities can happen because vehicles tend to travel at higher speeds, giving motorists less time to stop. Poor visibility from dim lighting or weather can make the situation worse.


To stay safe, pedestrians should walk on sidewalks when available or face traffic if walking on the road. Wearing reflective clothing at night and staying alert are also important. Even in quieter areas, both pedestrians and drivers must remain cautious to avoid accidents.


Myth #4: Serious Injuries Only Happen at High Speeds


Many people think that only high-speed accidents cause severe injuries, but even a slow-moving vehicle can lead to serious harm. Pedestrians have no protection against a vehicle, so even a collision at low speed can cause broken bones, head injuries, or long-term pain. For example, a pedestrian hit by a vehicle backing out of a driveway could still suffer significant injuries, especially if they fall awkwardly.


In low-speed pedestrian accidents, injuries can take time to show up. A seemingly minor accident might result in chronic pain or require ongoing medical care. That’s why the victims need to seek medical attention after any accident, no matter how minor it seems.


Documenting damages is crucial when filing a personal injury claim for compensation. Pedestrians are entitled to a fair settlement for medical expenses, suffering, and lost time, regardless of the vehicle's speed. Also, consulting with an experienced lawyer ensures the claim is handled effectively. They can also help explain common construction accident myths in NY.


Myth #5: Pedestrians Can Handle Claims Without Legal Help


Some believe that handling a claim after a pedestrian accident doesn’t require legal representation. However, insurance companies typically want to minimize all payouts and make it challenging for injury victims to secure fair compensation. Without a lawyer, individuals may struggle to receive coverage for lost wages, medical bills, or pain and suffering.


Legal representation simplifies the process, especially for complex claims involving uninsured drivers or shared fault. Many New York firms, including The Law Office of Carl Maltese, offer free consultations and work on a no-win, no-fee basis, making it easier for injured pedestrians to get help.


An attorney can negotiate with insurers and make sure that the claim is handled properly, giving injury victims the best chance at a fair settlement.


Myth #6: Daytime Walking Is Completely Safe

Myth #6: Daytime Walking Is Completely Safe


It’s a common belief that walking during the day is free of risks, but many pedestrian accidents occur in daylight. Distractions such as texting, failure to yield at intersections, and high traffic during peak hours are common causes of mishaps during the day.


For example, a pedestrian crossing at a labeled crosswalk during rush hour can still be struck if a motorist is speeding or not paying attention. To stay safe, walkers should make eye contact with drivers before crossing and remain alert, even in marked crosswalks. Motorists must also stay focused and slow down in busy areas. For more information, pedestrian accident lawyers in Long Island may be able to help.


The Bottom Line


Pedestrian accidents can have serious consequences, but many can be avoided when both walkers and drivers take responsibility for safety. Addressing common causes and clearing up misconceptions helps create safer streets for everyone. When an accident does occur, injury victims often face challenges with medical bills, insurance companies, and compensation claims.


At The Law Office of Carl Maltese, we focus on helping those involved in pedestrian accidents secure the compensation they deserve. Our team handles personal injury cases with care and experience, offering guidance through every step of the process. We provide a free consultation to discuss any case. Call us to get started.

bottom of page