Crosswalks offer pedestrians a certain degree of protection. They offer
pedestrians a designated place on the street by which one can cross the
road. They are visible and conspicuous. Moreover, many motorists understand
that they must yield the right of way to pedestrians who are within a
Crosswalks also offer pedestrians legal protections. New York statutes
specifically grant pedestrians the legal right of way if they walk in
a crosswalk. Of course, crosswalks are not force-fields, so pedestrians
should still exercise caution and be on the look-out for oncoming traffic.
Experienced Poughkeepsie pedestrian accident attorneys also know that pedestrians may still have rights if hit by a car while
walking outside of a crosswalk.
The New York law that governs pedestrian behavior outside of crosswalks is
Section 1152 of the New York Vehicle and Traffic Law. Pursuant to this section, pedestrians must yield the right of way to
motorists if crossing a street outside of a crosswalk. Motorists in this
scenario have greater rights.
Notwithstanding this law, motorists still have a common law duty to use
reasonable care when driving, as would any other prudent person under
similar circumstances, so as to not cause preventable and foreseeable harm.
Section 1146 of the Vehicle and Traffic Law states it a similar way: drivers must exercise due care so that collisions
with pedestrians are avoided, such as sounding the car horn to give the
pedestrian warning. Therefore, if the motorists did not exercise due care
during the event in which he or she collided with the pedestrian, the
motorist might still be liable for the pedestrian’s injuries.
In fact, the motorist can be found to be completely at fault even though
the pedestrian was outside of the crosswalk at the
moment of the collision. Even if the pedestrian is deemed to be partially responsible, the injured
pedestrian may still receive court awarded compensation.
This is because New York is a pure comparative fault jurisdiction. Comparative
fault means that each party will be assessed a certain percentage of fault/liability.
For example, a plaintiff can be 20% responsible for the accident, while
the defendant is 80% liable, and still collect a jury award. All that
will happen is that the jury award will be reduced in concert with the
plaintiff’s degree of culpability. If 20% responsible, a $100,000
verdict in favor of the plaintiff will only allow the plaintiff to recover $80,000.
Are you interested in learning more about car accidents involving pedestrians?
Find out more inour latest article available by clicking on the link here. Learn more about some of the factors that contribute to causing car accidents
involving pedestrians in
our blog post available by clicking here. Also, learn more about what happens if you are struck inside of a crosswalk
in our blog post available here.
Our personal injury attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious car accidents, particularly
throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie, and
Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here. If you or a loved one has been injured in a personal injury accident,
please do not hesitate to contact us by calling 845-340-HURT (4878) or
toll free at 866-440-4452, or by using the
convenient contact form here.