A crisp autumn day. You’re crossing the street, enjoying the vibrant city sounds, when suddenly, a vehicle turns unexpectedly, narrowly missing you. This near-miss has you wondering, When does a pedestrian not have the right of way? It’s a question every New Yorker should know the answer to. In this blog post, the Law Offices of Supriya Kichloo, P.C. will provide a comprehensive overview of New York’s pedestrian laws, outlining both your rights and responsibilities as you navigate the state’s sidewalks and roadways.
Rights and Responsibilities of Pedestrians in New York
New York, with its bustling streets and constant flow of traffic, presents unique challenges for pedestrians. The state experiences an average of approximately 300 pedestrian fatalities each year. While pedestrians generally have the right of way in crosswalks and intersections, there are specific situations where this isn’t the case. Understanding your rights and responsibilities is vital for preventing accidents and knowing what to do in case of an accident.
New York Pedestrian Crosswalk Law Explained
New York Vehicle and Traffic Law (VTL) § 1151 establishes a pedestrian’s right of way within crosswalks, marked or unmarked, at an intersection. Drivers must yield to pedestrians crossing these designated areas when making turns or approaching intersections without traffic signals. However, even with this right of way, pedestrians must exercise caution and avoid suddenly stepping into the path of an oncoming vehicle.
When Does a Pedestrian Not Have the Right of Way?
In New York, pedestrians generally have the right of way, but there are crucial exceptions, even within crosswalks.
Crossing Outside Designated Crosswalks
Pedestrians must cross at marked crosswalks whenever possible. Crossing mid-block or going against traffic signals can significantly reduce your right of way. Imagine a pedestrian crossing a busy street mid-block to catch a bus on the other side. Even if the bus stops and waits, the pedestrian does not have the right of way and is putting themselves at significant risk.
Jaywalking
While not illegal in New York City, jaywalking or crossing the street outside a designated crosswalk can significantly increase your risk of injury. Drivers do not expect pedestrians to cross mid-block, making it harder for them to react in time. To stay safe, always follow traffic laws and use designated crosswalks.
Disregarding Traffic Signals
You must obey traffic signals even within a crosswalk. Crossing against a “Don’t Walk” signal can make you partially or fully liable for an accident and increase your chances of an injury.
Failing to Yield to Oncoming Traffic
Always be alert for oncoming traffic, especially turning vehicles when crossing within a crosswalk.
Disregarding these signals can negate a pedestrian’s right of way. Pedestrians who violate traffic signals or fail to exercise reasonable care may be issued citations.
What Can a Pedestrian Do If There Is No Sidewalk?
Sidewalks may be absent in some areas, especially rural or less developed areas. In these situations, pedestrians must take extra precautions. New York law requires pedestrians to walk on the left side of the roadway, facing oncoming traffic when no sidewalk is present. Here are five essential safety tips for walking where there are no sidewalks:
- Face oncoming traffic. Walking against the flow of traffic or on the left side of the roadway allows you to see approaching vehicles and react if necessary.
- Maximize visibility. Wear bright or reflective clothing, especially at night or in low-light conditions. Carrying a flashlight or other light source can increase your visibility to drivers.
- Exercise extreme caution. Be hyper-aware of your surroundings and frequently scan the road ahead and behind you. Anticipate potential hazards, such as blind curves, hills, or parked cars that may obstruct a driver’s view.
- Consider alternative routes. If possible, choose a safer route with existing sidewalks or designated pedestrian walkways. Even a slightly longer route can significantly reduce your risk.
- Be especially careful at night. Visibility is significantly reduced at night, so take extra precautions to ensure drivers can see you.
While pedestrians must always exercise reasonable care, these steps are essential for ensuring greater visibility and safety in areas lacking dedicated walkways.
The Aftermath—When an Accident Occurs
Despite everyone’s best efforts, accidents happen. Pedestrian accidents can have devastating consequences, including:
- Serious injuries—injuries can range from minor scrapes and bruises to severe traumatic brain injuries, broken bones, and spinal cord injuries;
- Financial hardship—medical expenses, lost wages, and rehabilitation costs can quickly add up; and
- Emotional trauma—accidents can cause significant emotional distress, including anxiety, depression, and post-traumatic stress disorder (PTSD).
You have legal recourse and may be entitled to compensation if you’ve sustained an injury as a pedestrian due to a driver’s negligence.
The Essential Role of a New York Pedestrian Accident Lawyer
While understanding pedestrian law is crucial, the aftermath of an accident demands significant legal acumen. Pedestrian accidents frequently result in severe injuries. A skilled New York pedestrian accident lawyer, like Supriya Kichloo, can make all the difference. Our team conducts thorough investigations, going beyond police reports to analyze traffic camera footage, witness accounts, and consult accident reconstruction specialists. This approach clarifies liability and important details, such as limited visibility or complicated intersections.
Insurance companies often prioritize minimizing payouts, sometimes unfairly attributing blame to pedestrians. Supriya aggressively negotiates with these companies, countering tactics like comparative negligence arguments. While New York law allows for partial recovery even if a pedestrian bears some fault, Supriya fights to minimize that percentage, maximizing her clients’ compensation. If you cannot reach a fair settlement, she is a skilled litigator prepared to advocate fiercely in court.
Involved in a Pedestrian Accident?
If you’ve been injured in a pedestrian accident, you need a dedicated advocate who understands the complexities of New York law and will fight tirelessly for your rights. With a decade of experience and a deep understanding of New York traffic laws, Supriya provides compassionate yet assertive representation, thanks to her diverse background, including multilingual abilities (English, Hindi, and Kashmiri).
Get the compensation you deserve with her help—a combination of her extensive experience, compassion, and dedication to justice will see you through this difficult time. Contact us today for a free consultation.
Resources:
- FAQs & Laws. Pedestrians. New York State Departments of Transportation, link.
- Enforcement was considered discriminatory. Now New Yorkers can jaywalk legally. NPR (2024), link.
- Moving in the Wrong Direction Traffic Fatalities are Growing in New York State. NYS Comptroller (2024), link.
- Safety. Pedestrian and Bicycle Information Center, link.
- New York State Vehicle & Traffic Law For Pedestrians and Drivers. NYS Department of Transportation, link.