Do Pedestrians Have the Right of Way in New York?

If you live in New York, you may be wondering what your rights are as a pedestrian. Understanding the state’s right-of-way laws is crucial to determining fault in a pedestrian accident.

So, do pedestrians have the right of way on the streets of New York? It depends. While pedestrians have the right of way at marked and unmarked crosswalks, they must yield to drivers when crossing mid-block or outside of intersections.

Pedestrian accidents can have long-lasting consequences. If you’ve been injured in one, a Brooklyn pedestrian accident lawyer can help you file a claim.

Do Pedestrians Always Have the Right of Way in New York?

No, pedestrians do not always have the right of way in New York. While drivers must yield to pedestrians in crosswalks when the pedestrian is on the same side of the roadway or approaching closely enough from the opposite side to be in danger, pedestrians are required to obey traffic signals and avoid darting into the path of oncoming vehicles.

In short, pedestrians have the right of way at marked and unmarked crosswalks, but they still must follow the rules of the road. Jaywalking or crossing against a traffic signal can result in shared or even total liability for an accident.

Do Pedestrians Have the Right of Way if There’s No Crosswalk?

Even if there is no marked crosswalk, pedestrians still have the right of way at intersections. New York law considers unmarked crosswalks to exist at virtually all intersections unless posted otherwise. Drivers must yield to pedestrians who are crossing at these locations, even if there are no painted lines on the road.

That said, pedestrians crossing mid-block or outside of an intersection are generally required to yield to traffic. In these cases, if a pedestrian is struck, they may be held partially or fully at fault for the collision.

What Are the Pedestrian Rules in NYC?

In New York, pedestrians have a legal obligation to:

• Obey pedestrian traffic signals: Pedestrians should only walk when the signal shows the walking figure. You should not begin crossing when the “Don’t Walk” signal is flashing.
• Use crosswalks whenever available: Crossing mid-block, also known as jaywalking, is discouraged and can result in a citation.
• Not jump into traffic: Pedestrians may not leave the curb suddenly and enter the path of a vehicle that is too close to stop safely.
• Yield to vehicles outside of crosswalks: When not at an intersection or marked crosswalk, pedestrians must yield the right-of-way to vehicles.

If you violate these laws as a pedestrian, you could be held liable for an accident.

What Are the Penalties for Violating Pedestrian Laws in New York?

Thanks to a new law passed by The New York City Council in 2024, jaywalking no longer carries any legal penalties in New York City. However, if you violate the state’s pedestrian laws in other parts of New York, you could be fined up to $250. In addition, if you cause a crash while jaywalking, you could be held liable.

Who Is At Fault if You Hit a Pedestrian in New York?

Liability for a New York pedestrian accident depends on the circumstances of the collision:

• If a driver hits a pedestrian in a marked crosswalk, the driver is typically at fault.
• If the pedestrian was jaywalking, crossing against a signal, or distracted, they may share fault.
• If the driver was speeding, intoxicated, or failed to yield, they could be held responsible, even if the pedestrian acted negligently.

Under New York’s pure comparative negligence system, a pedestrian can still recover damages if they were partially at fault for an accident. However, their recovery will be reduced by their percentage of fault.

Safety Tips for Pedestrians in New York

Pedestrian safety requires a proactive approach. Here are some tips for staying safe on New York’s streets:

• Always use marked crosswalks and intersections.
• Obey pedestrian traffic signals and never assume a vehicle will stop.
• Avoid distractions like texting or wearing headphones while crossing.
• Make eye contact with drivers before stepping onto the road.
• Wear visible clothing, especially at night.
• Look both ways before crossing, even if you have the right of way.

What to Do After a Pedestrian Accident

If you’re involved in a pedestrian accident, it’s crucial to take these steps:

1. Call 911 to report the accident.
2. Do not leave the scene until authorized by law enforcement.
3. Exchange contact and insurance information with the other party.
4. Document the scene by taking photos and collecting statements from witnesses.
5. Seek medical care, even if your injuries don’t seem severe.
6. Contact an attorney to discuss your legal options.

Contact a Pedestrian Accident Lawyer

Pedestrian accidents often result in serious injuries and complex legal battles. If you or someone you love has been injured in a pedestrian accident in New York, a pedestrian accident attorney from Levine And Wiss can investigate the incident, negotiate with insurance companies, and guide you through the claims process.

Schedule a free consultation to start building your case.