Who Is at Fault in a Pedestrian Accident? NY Traffic Laws

In the fast-moving streets of New York, where cars, buses, bicycles, and people share the same crowded spaces, pedestrian crashes are a daily reality.

These collisions often leave behind more than just broken bones or damaged property - they leave lives shattered. Unfortunately, for many pedestrian accident victims, the question becomes painfully urgent: Who is at fault in a pedestrian accident? NY State has strict rules every motorist must abide by.

Legally and emotionally, the answer is rarely simple. While many believe that drivers are always to blame when a car-pedestrian accident happens, that isn’t always the case.

Fault depends on several factors. Did the pedestrian cross at a legal crosswalk? Did the driver ignore traffic signals? Was distracted driving or distracted walking involved? On the other hand, did both parties make a mistake?

Both drivers and pedestrians involved in a motor vehicle collision have duties to follow the law. If a driver fails to yield at a pedestrian crossing, they may become the at-fault party.

At the same time, a pedestrian who crosses outside of designated areas or disregards traffic signals may also be held partially responsible under New York’s pure comparative negligence system.

Top Two Causes of Pedestrian Accident Cases in Long Island, New York

Long Island, one of New York’s busiest regions, has seen a troubling rise in pedestrian accidents over the past decade.

Whether in bustling downtown areas or along quieter suburban roads, these incidents continue to leave countless pedestrian accident victims with severe injuries, emotional trauma, and a long road to recovery.

Behind each accident in New York, there is often a pattern: a dangerous habit, a moment of carelessness, or a gap in safety enforcement.

Distracted Walking

Pedestrians involved in accidents while looking at phones, texting, or wearing headphones are no longer rare occurrences.

When it comes to determining pedestrian accident liability, distracted walking is a contributing factor in a growing number of cases, especially at busy intersections or near public transportation zones.

Distracted Driving

On the other side of the equation lies an even deadlier habit: distracted driving. Whether glancing at a GPS, replying to a text, or adjusting in-car settings, drivers often take their eyes off the road just long enough to cause irreversible harm.

Determining Liability in a Car-Pedestrian Accident in New York City

The city’s dense traffic, complex intersections, and constant flow of foot traffic create an environment where even a brief lapse in attention can result in tragedy.

Pedestrian accident liability depends on a range of factors, such as compliance with traffic signals, location of the pedestrian crossing, driver behavior, visibility, and road conditions at the time of the incident.

In some situations, the injured pedestrian may have crossed against the light, entered the road outside a crosswalk, or engaged in distracted walking, which may contribute to shared responsibility.

Because New York follows a pure comparative negligence rule, fault is divided based on each party’s role in the incident.

This means both the driver and the injured person can bear a percentage of the blame, and the final settlement or award is reduced accordingly. For more information, pedestrian accident attorneys in Long Island may be able to help.

What Do Car Accident Compensations Cover?

The financial and emotional toll of New York pedestrian accidents involves hospital visits, missed workdays, sleepless nights, and rising costs that seem impossible to control.

In New York, victims of a personal injury lawsuit may be entitled to various forms of financial compensation, depending on the circumstances of the crash and the extent of their injuries.

Medical Bills

A driver’s insurance policy may cover basic medical bills under personal injury protection (PIP), but only up to a certain limit.

However, for pedestrian accident victims suffering from severe injuries, such as traumatic brain injuries, that coverage may not be enough. In those cases, experienced pedestrian accident attorneys help victims pursue additional fair compensation through litigation or extended insurance claims. They can also explain who is at fault in a parking lot car accident NY.

Lost Wages

When an injured person is unable to work due to their serious injuries, the financial consequences can be devastating.

Lost wages include missed paychecks during recovery and also reduced earning capacity if the injuries result in long-term or permanent disability.

Emotional Damages

Not all injuries are visible. Emotional trauma, anxiety, depression, and post-traumatic stress are common outcomes for those hit by a car, especially in high-impact cases involving children, elderly individuals, or incidents in crowded urban areas.

Economic Damages

Beyond immediate costs like medical expenses and lost wages, victims of pedestrian accidents often incur a range of additional economic damages.

These may include transportation to medical appointments, assistive devices, in-home care, or modifications to living spaces. In severe cases, victims may lose the ability to return to their previous occupation or participate in the life they once knew.

New York Follows a Comparative Negligence Rule

In many car accident cases, the issue isn’t whether someone was at fault, but rather how much fault each party shares.

That’s why New York’s legal system follows a pure comparative negligence rule. This standard allows for a fairer evaluation of responsibility in traffic accidents, where blame is often shared between the driver and the injured pedestrian.

Under this rule, any party involved in an accident in New York, whether pedestrian or motorist, can still seek compensation, even if they are partly responsible for the crash.

If a pedestrian ignored traffic signals but was still hit by a car, they may still recover compensation from their personal injury claim, reduced in proportion to their percentage of fault.

Hiring an Experienced Attorney from a Reputable Law Firm to Negotiate with the Insurance Company

Negotiating with adjusters, especially after a car accident in a no-fault insurance state like New York, is rarely straightforward. These companies often employ tactics that minimize payouts, delay responses, or attempt to shift blame onto the injured pedestrian.

They may undervalue medical expenses, question the legitimacy of emotional distress, or claim that the victim’s actions contributed more to the crash than the facts support.

An attorney from a reputable law firm understands these strategies and knows how to counter them. Backed by legal training, investigative tools, and real-world case experience, these professionals advocate fiercely for their clients. They can advise on who is at fault in a bicycle accident NY as well.

They collect evidence, consult medical experts, and apply pressure where needed to secure a fair settlement. Most importantly, they ensure victims do not accept less than they deserve.

Common Injuries Sustained When Someone Is Hit by a Car

New York pedestrian accidents frequently result in a wide range of physical injuries. These include traumatic brain injuries, fractures, spinal cord trauma, internal bleeding, and soft tissue damage.

In some cases, victims endure permanent disability or require long-term care, forcing them to leave work, modify their homes, or rely on daily assistance.

Final Words

The Big Apple's pure comparative negligence rule, combined with the complexities of dealing with an insurance company, often makes accident cases unnecessarily difficult.

That is why hiring experienced pedestrian accident attorneys from a trusted firm such as The Law Office of Carl Maltese is essential. Skilled legal advocates can challenge unfair tactics, investigate the accident thoroughly, and fight for the fair settlement that victims deserve.