Many choose walking rather than driving as it is an environmentally-friendly means of transportation. However, choosing to walk rather than drive comes with its own set of risks. New York City is one of the busiest cities in the world, which means there are loads of pedestrians swarming the streets. Unfortunately, as a result of negligence, there is an alarming rate of pedestrian accidents. Pedestrians and motorists are legally required to follow New York’s traffic laws as they were implemented to protect both parties from harm. Moreover, pedestrians and motorists are expected to exercise a standard duty of care towards each other to prevent serious accidents and injuries. Determining liability in crosswalk accidents can be complicated. Ultimately, determining who is liable depends on whether the pedestrian was crossing the street within the marked lines of a crosswalk. Please continue reading to learn who may be liable for a crosswalk accident and how a skilled New York City Pedestrian Accident Lawyer can help you today.
Who could be held liable for a crosswalk accident in New York City?
In New York, when a motorist strikes a pedestrian in a crosswalk, they are responsible for the crash. Under New York’s traffic laws motorists are legally required to yield the right of way to pedestrians in crosswalks. Pedestrians have the right to assume that a motorist will yield the right of way. If a motorist fails to yield the right of way to a pedestrian crossing the street within the lines of a crosswalk, they will be liable for the accident. Motorists should never try to pass another driver who is stopped at a pedestrian crossing.
The purpose of a crosswalk is to protect pedestrians from harm as walk across the street. However, like motorists pedestrians have certain responsibilities they must abide by when crossing the street. Pedestrians are required to obey traffic signals. If a pedestrian crosses the street and they are not in a crosswalk, liability shifts to the pedestrian. However, determining liability for these types of accidents depends on the specific circumstances of the accident. Ultimately, whether the pedestrian was obeying traffic signals and in a crosswalk at the time of the accident.
Furthermore, crosswalk accidents are particularly dangerous as pedestrians are not afforded the same outside protection as motorists. With that being said, pedestrians rarely walk away from these types of accidents unharmed. Pedestrians may be burdened with catastrophic injuries that negatively impact their lives. Both motorists and pedestrians must abide by New York’s traffic laws to prevent devastating accidents and injuries.
In the unfortunate event that you or a loved one has been injured in a crosswalk accident, please don’t hesitate to get in touch with one of our determined and trusted team members. Our firm can help you navigate your legal options.