An unmarked crosswalk is a legally recognized crossing area that exists at many intersections, even if there are no painted lines or signs. It’s often defined as the extension of sidewalk edges across a roadway at an intersection.
In most instances, drivers are required to yield to pedestrians within crosswalks, including unmarked ones, and must exercise reasonable care to avoid collisions. At the same time, pedestrians are typically expected to exercise reasonable care in crosswalks.
Talk with a pedestrian accident lawyer in Long Island if you have been injured in an auto crash in an unmarked crosswalk. Depending on the circumstances, you may have a valid claim for compensation from any liable parties through an insurance claim or personal injury lawsuit.
What is an Unmarked Crosswalk in New York?
In New York, an unmarked crosswalk is a legal pedestrian pathway at an intersection defined by extending the sidewalk lines across the street. This pathway may not have any painted lines or signs, and pedestrians generally have the right of way within it under New York law.
Drivers approaching a marked or unmarked crosswalk must typically yield when it is safe to do so. If you are walking in an unmarked crosswalk and a driver fails to yield the right of way, you may be involved in a pedestrian accident, and this motorist could be held responsible.
Following an accident in an unmarked crosswalk, you may have questions about when pedestrians have the right of way in New York. Meet with a personal injury lawyer experienced in pedestrian accident cases. Your lawyer can answer your questions and, if warranted, help you seek compensation from the party that may be liable for your accident.
Examples of Unmarked Crosswalks in New York
After being injured in a pedestrian accident in an unmarked crosswalk, have a personal injury lawyer examine your case. Your attorney may help you determine if you have grounds for filing a pedestrian accident claim. They may also provide examples of common unmarked crosswalk scenarios in New York, such as:
- Residential intersections: You may find an unmarked crosswalk on a quiet residential street where the sidewalks continue across the roadway, but no paint is present.
- T-intersections: These intersections may include unmarked crosswalks where sidewalks continue across the intersecting roadway.
- Small side streets: Intersections near libraries, schools, or parks with low traffic volume may have unmarked crosswalks.
If you’re injured in an accident in an unmarked crosswalk in any of these areas or others, your lawyer may encourage you to pursue compensation promptly. According to New York Civil Practice Law & Rules § 214(5), in most cases, you have up to three years from the date you are injured in an accident in an unmarked crosswalk to sue any responsible parties for damages.
Should You File a Lawsuit if You’re Injured in an Accident in an Unmarked Crosswalk?
You could have grounds for getting compensation from a party that may be responsible for your pedestrian accident in an unmarked crosswalk through a personal injury lawsuit. If you want to file a pedestrian accident lawsuit, it may be beneficial to ask for help from personal injury attorneys.
After your pedestrian accident, your lawyer may encourage you to care for your injuries and focus on your recovery from the incident. They may help you file an insurance claim against an at-fault party and can negotiate a settlement with their insurer on your behalf.
Unfortunately, even if you feel you have a valid claim, a liable party’s insurance company could dispute or deny your compensation request. Thus, if you don’t receive an insurance settlement offer that you feel is fair, your lawyer may help you file your lawsuit and bring your case in front of a judge or jury.
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Compensation That You Could Get if You Sue for an Unmarked Crosswalk Accident
The compensation that you could recover if you sue someone for an unmarked crosswalk accident will depend on your tangible and intangible losses. Below are some of the types of damages that you could receive:
- Pain and suffering
- Medical bills
- Lost wages
- Diminished earning capacity
Accident scene photos and videos, witness statements, police reports, and other evidence could strengthen your case for these and other economic and non-economic damages. Your lawyer may use their collection of evidence to prove that a party was negligent and that their careless or reckless acts contributed to your pedestrian accident.
Learn More About What’s an Unmarked Crosswalk
You have a good idea about what an unmarked crosswalk is, but you may still be unclear about whether you could be compensated if you file a pedestrian accident claim or lawsuit. Thankfully, you have access to pedestrian accident lawyers who will give your case the attention it deserves.
At Levine And Wiss, we empathize with those who have been injured in pedestrian accidents in unmarked crosswalks. Our team has over 100 years of combined experience, and we will use what we know to help you with your pedestrian accident case.
We can provide you with insights into what unmarked crosswalks are and other topics relating to the specifics of your situation. Contact us today.
