What Happens When a Pedestrian Causes an Accident in Brooklyn, NY?

Accidents involving a pedestrian can be sudden and traumatic, especially in a busy borough like Brooklyn. You may be left with life-altering injuries, mounting medical bills, or a damaged vehicle. While most people assume the driver is always the one at fault, that’s not always true. In some cases, a pedestrian can be legally responsible for causing a crash. Understanding liability in a pedestrian-at-fault accident in Brooklyn can help protect your rights if you find yourself in this difficult scenario.

Understanding Liability in Pedestrian Accidents

Drivers Aren’t Always to Blame

New York law requires drivers to act with care, especially at intersections and crosswalks. However, pedestrians are not exempt from responsibility. They are also expected to follow traffic signals and use sidewalks and crosswalks appropriately.

When a pedestrian-at-fault accident in Brooklyn occurs, liability will fall on the party who acted negligently. That means looking at whether the pedestrian or driver failed to act with reasonable care under the circumstances.

How Does New York Handle Negligence?

New York follows a pure comparative negligence system. Under this principle, more than one party can share fault, and compensation is reduced based on the person’s percentage of responsibility. This system helps ensure fairness, but it can also complicate claims. Proving a pedestrian was primarily to blame often involves a thorough investigation.

Pedestrians can be held liable for accidents just like drivers, especially if they break traffic laws or act recklessly.

When Is a Pedestrian at Fault?

A pedestrian may be found at fault if their behavior directly contributed to the accident. These are some common examples:

• Crossing out of a designated crosswalk area, or jaywalking
• Ignoring a “Don’t Walk” sign or signal
• Entering the street while impaired by alcohol or drugs
• Using a phone or wearing headphones while crossing
• Running into traffic suddenly
• Walking in restricted areas, like on a highway or in a tunnel.

In these cases, pedestrians could be considered negligent and may be held responsible for the resulting injuries and vehicle damage.

Legal Consequences for At-Fault Pedestrians

If the pedestrian is found to be fully or partially at fault, they may be liable for:

• Vehicle repairs
• Driver’s medical bills
• Lost income or wages
• Non-economic losses, such as pain and suffering.

In some cases, their own insurance may provide coverage, but when fault is clear, the injured party or insurer can also seek compensation directly from the pedestrian through a personal injury claim.

Brooklyn Pedestrian Accident Liability

What Evidence Matters?

In order to claim a pedestrian caused the accident, you will need strong evidence. This may include:

• Surveillance footage from security or traffic cameras
• Witness statements
• Police or accident report
• Phone records, if the pedestrian was on their phone when the accident occurred
• Testimony from an accident reconstruction expert
• Photos of the scene, crosswalk, or other traffic signals.

The burden of proof in these types of cases is “preponderance of the evidence,” meaning the driver must be able to show it’s more likely than not that the pedestrian’s actions caused the crash.

Why These Cases Are Difficult

Proving that a pedestrian was at fault for an accident isn’t easy. Juries and judges tend to sympathize with pedestrians, especially in cases where they were injured. It’s important to gather and preserve evidence early and work with an experienced attorney who can build a compelling case.

What to Do if You’re Involved in a Pedestrian Accident

The minutes after any accident can be chaotic — especially if you’ve hit a pedestrian and are the driver. Whether you believe they were at fault or not, taking certain steps in the aftermath can help you protect your rights:

• Call 911 Immediately: Even if injuries seem minor, reporting the incident creates a formal record.
• Avoid Making Assumptions or Admissions of Fault: Let investigators review the scene and help determine liability.
• Exchange Information: Get the pedestrian’s contact details, as well as information from anyone who might have witnessed the accident.
• Take Photos and Videos: If it’s safe to do so, get visuals of the crosswalk, intersection, traffic lights, signs, and any damage to vehicles.
• Seek Medical Attention: If you’ve been injured, even if it feels minor, make sure to visit a doctor, as medical documentation can be important evidence.
• Contact an Attorney: Speaking with a legal professional early on can help you avoid mistakes and better understand your options.

These steps are important regardless of where the accident happened or which party is believed to be at fault. Early documentation makes it easier to protect yourself legally.

How Long Do You Have to File a Claim?

In New York, you generally have three years from the date of the accident to file a personal injury lawsuit. This time limit is called the statute of limitations. However, if you’re filing against a government entity, you may have only 90 days to file notice of a claim.

How an Attorney Can Help in Pedestrian Fault Cases

If you’re a driver injured in an accident that involved a pedestrian, it’s vital to consult a lawyer. An attorney can be of benefit by:

• Investigating the scene and helping with gathering evidence
• Interviewing witnesses
• Requesting any surveillance footage
• Communicating with insurance companies
• Estimating your total compensation, including non-economic damages
• Filing a claim or lawsuit on your behalf.

Brooklyn streets are filled with constant activity, and accidents can happen in a split second. Just because a pedestrian is injured doesn’t mean the driver is always at fault.

With our seasoned team on your side, you can fully explore the options available to you if you believe a pedestrian was at fault for your accident. Call Tucker Lawyers at (516) 399-2364 to get started today. 

Insurance and Brooklyn Pedestrian Accident Claims

Will Auto Insurance Cover the Damages?

New York is a no-fault state, which means that your own personal injury protection (PIP) coverage will typically cover your initial medical expenses, regardless of fault. However, when damages exceed what PIP covers, especially when fault is clear, you can bring a liability claim against the at-fault pedestrian.

In some cases, homeowners or renters insurance might also be helpful, particularly if the pedestrian doesn’t carry auto insurance. An attorney can help determine what policies may apply in your particular situation.

Beware of Insurance Company Tactics

Insurance companies often attempt to minimize financial responsibility. They may try to:

• Downplay the extent of your injuries
• Suggest you were at fault
• Offer a low settlement quickly
• Delay your claim or pressure you.

Legal representation helps you avoid these kinds of traps and ensures your claim is taken seriously.

Staying Safe on Brooklyn Roads

Being involved in a pedestrian accident can be stressful, especially if you weren’t the one at fault. But you don’t have to navigate the legal process by yourself.

Tucker Lawyers has a proven track record of helping New Yorkers navigate complex personal injury claims. With decades of experience and deep roots in the Brooklyn community, our legal team understands how to build a strong case and push back against insurance companies.

Call Tucker Lawyers today at (516) 399-2364 to speak with an experienced Brooklyn accident attorney. Your consultation is free.