Hit in a Crosswalk in Flushing? How to Prove the Driver Was at Fault

Getting hit by a car while walking through a crosswalk is one of the most terrifying experiences anyone can have, especially in a busy Queens neighborhood like Flushing, where heavy traffic, turning vehicles, and distracted drivers create daily risks for pedestrians. If you or a loved one were hit in a Flushing crosswalk, you may be entitled to significant compensation, but proving the driver was at fault is key to winning your case.

Working with a skilled attorney can help injured pedestrians throughout Flushing and Queens stand up to careless drivers, insurance companies, and city agencies. They will work with you to build a strong case after a crosswalk accident and advise on how to hold the at-fault driver accountable.

Key Takeaways

• New York law gives pedestrians the right of way in marked crosswalks with a walk signal.
• Evidence like surveillance footage, eyewitness accounts, police reports, and crash data can help prove the driver was responsible.
• A local Flushing pedestrian accident lawyer can help gather time-sensitive evidence and fight for maximum compensation.

New York Crosswalk Laws: What Drivers Must Do

Under New York Vehicle and Traffic Law § 1151, drivers must yield to pedestrians crossing within a marked or unmarked crosswalk at an intersection, especially when the pedestrian has the walk signal or is already in the roadway.

Drivers are legally required to:

• Stop and yield to pedestrians in the crosswalk.
• Exercise due care to avoid striking pedestrians.
• Slow down at intersections, especially in high-pedestrian areas like Main Street, Roosevelt Avenue, and Northern Boulevard.

If a driver failed to do any of the above, they may be considered negligent—and therefore liable for your injuries.

Common Causes of Crosswalk Accidents in Flushing

Flushing is one of the most heavily trafficked neighborhoods in Queens, with thousands of cars, buses, and pedestrians moving through the area daily. Some common causes of pedestrian crashes in crosswalks include:

• Failing to yield during a left or right turn
• Speeding or aggressive driving
• Running a red light or stop sign
• Distracted driving (texting, phone use)
• Blocking the crosswalk
• Impatient drivers at crowded intersections

How to Prove the Driver Was at Fault in a Crosswalk Accident

Here are some of the ways that your personal injury lawyer might work to prove that the driver who hit you in a crosswalk was at fault for the accident.

Surveillance and Traffic Camera Footage

Many intersections in Flushing are equipped with city traffic cameras or nearby surveillance from stores, banks, or apartment buildings. We act quickly to recover:

• Red-light footage
• Real-time crash videos
• Storefront security recordings

Eyewitness Statements

Witnesses who saw the crash, such as other pedestrians, local business workers, or nearby drivers, can offer powerful testimony. Their account can confirm:

• You had the walk signal
• The driver failed to stop or yield
• The speed or behavior of the vehicle

Pedestrian accident lawyers interview witnesses and preserve their statements before memories fade.

Police Reports

The NYPD responds to most pedestrian accidents involving injury. The responding officer’s report can include:

• The driver’s statement
• Witness statements
• Officer’s determination of fault
• Traffic conditions at the time

We obtain and review the full report to build your case.

Crash Scene Evidence

Photos and physical evidence can help reconstruct the accident. This includes:

• Skid marks or lack of them (showing no attempt to brake)
• Vehicle damage and point of impact
• Crosswalk and traffic signal layout

In serious injury cases, we may bring in accident reconstruction experts to analyze the evidence.

Driver Admissions or Cell Phone Records

Sometimes, drivers make comments at the scene like “I didn’t see you” or “I was on the phone.” These can be used as admissions of fault.

We can also subpoena cell phone records to prove the driver was texting, calling, or using apps at the time of the crash.

What If the Driver Says You Were Jaywalking?

Even if you were:

• Crossing slightly outside the crosswalk
• Crossing against the light
• Not paying attention (e.g., on your phone)

Your pedestrian accident attorney may still recover compensation even if you are found partially at fault. Your pedestrian accident lawyer can help provide additional information on this scenario.

What Damages Can You Recover After a Crosswalk Injury?

If you were hit while walking in Flushing, you may be entitled to compensation for:

• Medical bills and future treatment
• Lost earnings and loss of earning potential
• Pain and suffering
• Disability or disfigurement
• Emotional distress
• Loss of quality of life

In fatal crosswalk accidents, surviving family members can file a wrongful death lawsuit.

Why You Need a Local Flushing Injury Lawyer

Flushing is unique—high pedestrian density, crowded intersections, limited parking, and a mix of cars, trucks, and buses from all over the city. A local attorney understands:

• The common danger zones (Main & Roosevelt, Kissena Boulevard, College Point Blvd.)
• How to find nearby surveillance cameras and witnesses fast
• Local courts, judges, and insurance tactics

What to Do After Being Hit in a Crosswalk

• Call 911 and request police and EMS
• Get medical attention, even if injuries seem minor
• Take photos of the scene, vehicle, and your injuries (if possible)
• Get the driver’s info and any eyewitness contact
• Don’t speak to the insurance company before talking to a lawyer
• Call a Flushing pedestrian accident attorney as soon as possible

Injured in a Crosswalk in Flushing? A Pedestrian Accident Attorney is Standing By

Being hit by a car is painful, confusing, and overwhelming, but you don’t have to face it alone. If you suffered an injury in a crosswalk in Flushing, a knowledgeable pedestrian accident lawyer is here to help you prove the driver’s fault, get the care you need, and fight for every dollar you deserve.

Call today for a free consultation with an experienced pedestrian accident lawyer to learn more about your options. Let them get started on your case and ensure the driver who hurt you is held accountable.