You do not have to be behind the wheel to become a victim of a traffic accident.
Every day, people travel through New York City on foot, by bicycle, and in other ways. When a driver fails to pay attention, the person outside the vehicle has very little protection.
After an accident, many people are unsure about their rights.
They may wonder:
“I wasn’t driving. Does that make the case easier?”
Not necessarily.
Pedestrians Have Rights, but the Facts Still Matter
New York law gives pedestrians important protections.
When traffic signals are not controlling an intersection, drivers generally must yield to pedestrians crossing within a crosswalk. The law also addresses pedestrian right-of-way on sidewalks and at driveways. (NYSDOT)
But right-of-way rules do not answer every question in an accident case.
Investigators may still need to determine:
- Where the pedestrian was walking
- Whether a traffic signal was involved
- How fast the vehicle was traveling
- What the driver could see
- Whether the driver had time to stop
- What the pedestrian was doing immediately before impact
A Driver’s Version Is Not the Whole Story
After an accident, the driver may say:
“I didn’t see them.”
That statement does not automatically explain why the collision occurred.
An investigation may look at:
- Traffic signals
- Crosswalk markings
- Surveillance footage
- Vehicle damage
- Witness accounts
- Visibility
- Road conditions
Sometimes the evidence tells a very different story from the first version given at the scene.
What If You Were Not in a Crosswalk?
This is one of the questions pedestrian accident victims often worry about.
New York law does place different rules on pedestrians crossing outside a marked or unmarked crosswalk. Generally, a pedestrian crossing elsewhere must yield to vehicles. (New York State Department of Health)
But that does not mean every accident outside a crosswalk is automatically the pedestrian’s fault.
The specific facts still matter.
A pedestrian accident attorney can review what happened and determine how the applicable rules may affect your claim.
The Injuries Can Be Severe
A person hit by a vehicle has very little protection from the force of the impact.
A collision can lead to:
- Broken bones
- Spinal injuries
- Head injuries
- Internal injuries
- Long-term disabilities
Some injuries may affect a person’s ability to work or live independently.
What If the Driver Says You Were Distracted?
Distraction can become an issue in any pedestrian accident.
But it should be based on evidence, not assumptions.
Phone records, surveillance footage, witness accounts, and other evidence may help establish what the driver was doing before the collision.
What Should You Do After Being Hit?
If you are physically able:
- Get medical attention.
- Report the accident.
- Take photographs of the scene.
- Write down what you remember.
- Get witness contact information.
- Keep records of your treatment.
Do not assume that an insurance company’s first offer reflects the full value of your claim.
Contact a Pedestrian Accident Attorney
If you were injured by a vehicle while walking in New York, Segan, Nemerov, Singer & Sonin P.C. can review the circumstances of the accident and help you understand your legal options.
If you are unsure whether you have a claim, start with a conversation.