Being a pedestrian in a state like New York comes with great risk. Even people in the boroughs are at risk. And because pedestrians don’t have much protection as compared to people in cars or people on motorcycles who wear helmets, these pedestrian accidents are often catastrophic or fatal when a car is involved.

A pedestrian in New York has the right of way when crossing the street at an intersection. But the pedestrian also has the responsibility of following applicable traffic signals and being careful. While a car driver can be at fault, there are cases where the pedestrian may have contributed to the accident, such as jaywalking. If you were jaywalking and got into an accident, talk to a Bronx personal injury attorney for a detailed evaluation of your case.

It may seem that if you were jaywalking and tried to cross outside a crosswalk, you won’t receive compensation for your injuries. But this is not true. Learn what to do if you are in such a situation.

What Is Jaywalking?

Jaywalking is basically walking outside of a crosswalk or crossing an intersection diagonally. So if you cross at a point that’s not a designated crosswalk, it would be considered jaywalking.

Is Jaywalking Illegal In New York?

According to Section 1152 of New York’s Vehicle & Traffic Laws, jaywalking is illegal. But even with this law, jaywalking is still a common occurrence in New York. So, it is expected that a jaywalking pedestrian will be hit by a car at some point.

Although it is illegal to jaywalk, a pedestrian who’s struck by a car can still recover damages for their injuries. However, this will involve several factors that the Bronx pedestrian accident attorneys can explain in detail when you call them.

Who Is Responsible to Pay in A Car Vs. Pedestrian Accident In New York?

Pedestrians are expected to follow traffic rules and obey all traffic signs and signals. In most cases, the driver will, in many cases, be at fault even in cases where the crosswalk was absent when the pedestrian was struck.

A pedestrian will only be at fault if he/she was grossly negligent or if the driver who hit them did not violate any traffic laws. For instance, a pedestrian may decide to cross a street with a clear “No Crossing” sign on display. But even in such cases, the pedestrian may qualify for some compensation.

Is There Shared Fault in A Pedestrian Accident?

Liability in such an accident will hinge on negligence. New York is a pure comparative negligence state. This means that you may be partly at fault for the accident but still recover compensation from the at-fault defendant. The only thing that will happen is that the damages will be reduced by the percentage of fault you bear.

For example, if you were jaywalking and a speeding driver hit you, the court or claims adjuster may assign you 30% at fault for the accident while the negligent driver was 70% at fault. If, as the pedestrian, you sustained $100,000 in injuries, the total amount will be reduced by your 40% and get the remaining 60% which will be $60,000.

You will need an experienced personal injury lawyer in the Bronx to help you get just compensation for your injuries.

When Is a Driver at Fault in A Pedestrian Accident?

Even if you were jaywalking, some scenarios would make the driver at fault for the accident. Car drivers are bound by law to act with reasonable care at any given time. They should be attentive to their surroundings and any pedestrians around them.

A driver can be at fault for a pedestrian accident in the Bronx in these ways:

  • Driving under the influence of alcohol or drugs
  • Driving while distracted
  • Driving above the speed limit
  • Failing to stop for a pedestrian walking in a crossing area
  • Failing to yield to pedestrians crossing or standing at the corner of intersections

If the driver was driving negligently, you might have a case. You’ll need Bronx pedestrian accident attorneys who understand the ins and outs of New York traffic laws and can use them to get you the maximum compensation. Especially if you were jaywalking and the driver is claiming you were at fault, you will definitely benefit from the experience and skills of a New York pedestrian accident lawyer.

How Will I Get Compensation for My Injuries?

Pedestrian accidents are often devastating. If you suffered injuries in a pedestrian accident, you might be entitled to receive damages which will cover your:

  • Medical bills
  • Short and long term medical care
  • Emotional distress
  • Pain and suffering
  • Lost wages and lost future income
  • Wrongful death
  • Diminished quality of life

Sometimes these accidents are fatal. If this happens, then the deceased’s estate may file a wrongful death claim in New York. Talk to a wrongful death lawyer at our law firm for compassionate legal advice.

Qualified Professionals Fighting for The Compensation You Deserve

If you were partly at fault for an accident, you might be hesitant to seek compensation. But even if you didn’t follow all the traffic laws while crossing the street, you can still recover compensation with the help of pedestrian accident attorneys in the Bronx.

Talk to us today if you’re struggling to pay your medical bills following a car accident in New York. We bring settlement negotiation experience with us and can help you hold the driver accountable for your accident. Call us today to schedule a free case evaluation with us.