New York Vehicle and Traffic Law Section 1151 details the rights that pedestrians have when using cross walks. Specifically,
the law states:
When traffic control signals are not in place or not in operation the driver
of a vehicle shall yield the right of way, slowing down or stopping if
need be to so yield, to a pedestrian crossing the roadway within a crosswalk
on the roadway upon which the vehicle is traveling . . . .
Experienced Newburgh pedestrian accident attorneys also know that this statute also imparts responsibilities and limitations
upon pedestrians. For example, if a “pedestrian tunnel or overpass
has been provided [pedestrians] shall yield the right of way to all vehicles.”
The law also states that pedestrians shall not abruptly walk in front of
oncoming traffic in a manner making it “impractical” for the
motorist to avert a collision. Note, however, that this law was created
to give pedestrians safe passage across streets, and as such, the law favors
pedestrians that are hit by motor vehicles. In short, pedestrians have the law on their side in most cases. Since
many pedestrians who are hit by vehicles were in a crosswalk at the moment
of impact, this law may aid a victim’s chances at achieving civil
compensation for injuries.
Be advised that motorists found in violation of this statute when they
collided with a pedestrian might not be automatically negligent and subject
to liability. This is because negligence has four elements that plaintiffs
must plead and prove; duty, breach, causation, and damages.
In cases where a motorist violated the above referenced statute, the duty
and breach elements can be easily satisfied. Causation and damages must
still be proved. For example, a defense attorney might try to prove that
the injuries claimed by the plaintiff were actually incurred prior to
the accident. Defense may also try to prove that another factor was the
true cause of the collision; i.e. poor weather.
Most importantly, however, may be the issue of damages. Even if the
defendant driver in the car accident were to concede negligence and liability, the case can continue on the
issue of damages alone. This forces the pedestrian plaintiff to prove
that his or her injuries led them to suffer damages. For example, evidence
would need to prove that the pedestrian suffered monetary loss from the
injury (i.e. medical bills, lost wages), as well as documenting compensable
pain and suffering, among other things.
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.
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.