- October 7, 2024
- Tucker Law
- Personal Injury Lawsuits
Pedestrians are perhaps the most vulnerable of all in traffic situations. Without any protection but their clothing, they face a significant risk of injury in even the most minor of car accidents. This vulnerability makes it important for everyone to learn and obey all of the rules of the road, especially those that apply to pedestrians.
Have you been harmed in a pedestrian accident and need compensation? The pedestrian accident attorneys at Tucker Lawyers are ready to fight for you. Call (516) 399-2364 for a free consultation and case review with our team today.
New York Pedestrian Laws in General
As you might imagine, New York pedestrian laws are designed to protect pedestrians and other members of traffic through behavior-regulating rules. Each of the rules governing pedestrians has the specific purpose of protecting pedestrians from catastrophic injury or death. What makes them effective is that they take into account the reality that pedestrians are different from others in traffic and deserve special rules and attention to keep them safe.
Right-of-Way Law and Pedestrians
Among the most important set of rules all pedestrians and drivers should understand are the rules relating to pedestrian rights of way, especially at intersections. Right-of-way laws help determine who goes first when two or more road users find themselves at an intersection.
Pedestrian Has the Right of Way
When does a pedestrian have the right of way? Some believe that they always have the right of way, which is not the case. In New York, pedestrians have the right of way when:
- They have a WALK sign
- They are in a crosswalk
- They are entering a crosswalk.
Pedestrians also have the right of way when motorists are pulling into or out of a parking lot or other areas. In reference to left-hand and right-hand vehicle turns, pedestrians also have the right of way. Drivers must pay careful attention when making these turns so as not to hit a crossing walker. Pedestrians are much less visible than vehicles and may easily go undetected by a turning motorist.
Pedestrian Does Not Have the Right of Way
But, as mentioned, pedestrians do not always have the right of way. If they did, there would be no pedestrian crash situation in which a pedestrian was at fault. Pedestrians would win every personal injury case regardless of the facts. Instead, the law sets forth various circumstances where pedestrians do not have the right of way. For example, in lanes of vehicle traffic, pedestrians do not have the right of way. In fact, it is illegal in many cases for a pedestrian to even be in a vehicle lane of traffic.
Additionally, pedestrians do not have the right of way when a DON’T WALK sign or symbol appears. Pedestrians are also prohibited from jaywalking, which occurs when a pedestrian crosses the street outside of a marked or unmarked intersection. When a pedestrian jaywalks, they do not have the right of way.
Motorists’ Duty Toward Pedestrians
Motorists have a duty to drive safely around pedestrians. How to do this is encapsulated within the state’s traffic laws. In every case, motorists are to do what they can to prevent having or causing an accident with a pedestrian, even if the pedestrian is in the wrong. For example, pedestrians who jaywalk are breaking the law and do not have the right of way. However, this lack does not translate into authorization for a motorist to hit a pedestrian. Instead of barreling over an illegally behaving pedestrian, motorists are required to slow down or stop in an effort to avoid them.
Common Illegal Crosswalk Violations Committed by Motorists
Motorists can be an impatient bunch, especially during peak traffic hours. Some get out of hand and put pedestrians at significant risk of injury and death. However, even a patient motorist can have a lapse and strike a pedestrian. Regardless of why, the following illegal acts tend to repeat over and over again on New York streets:
- Making a turn in a crosswalk behind or in front of a pedestrian
- Stopping at a red light or stop sign in a crosswalk
- Driving through a crosswalk when a pedestrian is crossing, regardless of their position.
In many cases, these actions manifest as bullying-type behaviors and lead some pedestrians to become intimidated. Ultimately, they are unsafe practices that lead to accidents.
At Tucker Lawyers, we know how to hold insurance companies accountable for every penny they owe our clients.
How to Get Properly Compensated After a Pedestrian Accident
If you are ever in a pedestrian accident and are injured, you likely will deserve some compensation. How much depends on the circumstances of the accident. Regardless, there are steps you should be aware of that can help you maximize your compensation claim.
Finding an Experienced Lawyer
The absolute most helpful action you can take for your case is to meet with an experienced pedestrian accident lawyer. Pedestrian accident lawyers represent injured pedestrians and their families in compensation claims and lawsuits.
Meeting with an attorney will save you time and effort and help keep you sane. Any questions you have about your case will be answered and explained. Your attorney will also give you a realistic case review and discuss your options. Because the initial consultation is free, you have nothing to lose.
Documenting Everything
Document everything you can after your accident. You’ll need hard evidence to get the most out of your injury claim. If possible, grab photos and video footage of the accident scene, but only do so if it can be done safely. You should also collect witness contact information and a statement if possible. Video statements can be powerful when collected at the time of the accident.
After seeking the medical care you need to heal, you’ll want to obtain and preserve copies of your treatment records, tests, bills, and other medical documents. These will be important in helping your pedestrian accident attorney establish damages and accurately value your claim.
Getting Prompt and Appropriate Medical Care
Prompt medical care is essential to your recovery and to your compensation claim. No insurance company will pay you what you deserve without official medical documentation of your accident. If they did, any person could claim compensation for their injuries without proof of how and why they occurred.
Hit by a Car? Call Tucker Lawyers Today!
If you’ve been hit by a vehicle while walking about New York, trust no one but an experienced pedestrian lawyer to get you the justice you deserve. At Tucker Lawyers, we have helped many pedestrians get justice through compensation, and we’re ready to work with you.
For a free consultation and the answers you need and deserve, reach out to the pedestrian accident attorneys at Tucker Lawyers. We’re always ready to help you get the compensation you deserve. Call (516) 399-2364 for a free consultation today.
Managing Attorney John. J. Tucker, Esq.
John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]