Can you file a claim if you're struck while jaywalking in New York?

Walking in New York City is a daily adventure, with bustling sidewalks and busy streets. Sometimes, pedestrians may cross the street outside of designated crosswalks, commonly known as jaywalking.

If you're struck by a car while jaywalking, you might wonder if you can submit a personal injury claim. At Davidoff Law, we fight for pedestrians who have been injured on the streets of New York.

Even though jaywalking is against the law in New York, drivers still have a responsibility to avoid hitting pedestrians. You may be entitled to compensation for your accident injuries, even if you were partially at fault.

Understanding your rights after a pedestrian accident is crucial for protecting your rights and demanding just compensation.

Jaywalking Laws in New York

In New York, jaywalking refers to crossing the street outside of a crosswalk or against a traffic signal.

According to New York Vehicle and Traffic Law § 1152, pedestrians must yield the right-of-way to vehicles when crossing at any point other than within a marked crosswalk. Violating these laws can result in fines, but jaywalking remains a common practice in the city.

However, the law also requires drivers to exercise due care to avoid hitting pedestrians, even if they are jaywalking. This means that drivers can still be held partially liable in a motor vehicle accident involving a jaywalker. Knowing these laws is critical when considering a personal injury claim after a pedestrian accident.

Legal Responsibilities of Pedestrians and Drivers

Pedestrians are expected to follow traffic signals and use designated crosswalks. They should look both ways before crossing and avoid sudden movements into traffic.

By adhering to these rules, pedestrians can reduce the risk of catastrophic injuries from traffic accidents. Distracted driving is a frequent cause of pedestrian accidents.

Drivers, on the other hand, have a duty to be vigilant and watch for pedestrians at all times. They must obey speed limits, stop at red lights, and yield to pedestrians in crosswalks.

Even in situations where a pedestrian is jaywalking, drivers should take reasonable steps to avoid a car accident. Not doing so can lead to serious pedestrian accidents and legal consequences.

Comparative Negligence in New York Injury Cases

New York sticks to a comparative negligence rule in personal injury claims. This means that if both parties share some fault, your compensation might be slashed by the percentage of your responsibility.

For example, if you were 25% at fault for jaywalking and the driver was 75% at fault for speeding, your compensation would be cut by 25%.

This law allows you to file a personal injury lawsuit even if you were partly to blame for the car accident. A skilled attorney can help decide the extent of each party's fault.

Knowing comparative negligence is indispensable in maximizing the compensation you receive for your accident injuries. Even in a pure comparative negligence state, there are opportunities to recover compensation.

Determining Liability in a Jaywalking Accident

Determining who is at fault in a jaywalking accident can be complicated. Both the pedestrian and the driver may share responsibility. Factors like traffic signals, speed, and visibility play a role. Below, we explore situations where the driver may still be liable.

When the Driver May Still Be Liable

Even if you were jaywalking, the driver might still be held responsible for the car accident. If the motorist was speeding, distracted, or under the influence, they could be found negligent. Drivers must avoid pedestrian accidents whenever possible.

For instance, if the driver was texting and didn't notice you crossing, they may be liable. Similarly, if they ran a red light or failed to yield, their negligence could outweigh your jaywalking. An attorney can help gather evidence to support your personal injury claim against the driver.

Role of Traffic Signals and Speeding Violations

Traffic signals play a significant role in determining fault in pedestrian accidents. If a driver ignores a red light or stop sign, they may be held liable for any resulting motor vehicle accident.

Speeding is another factor; drivers who exceed speed limits have less time to react to unexpected situations, like a jaywalking pedestrian.

Speeding violations can strengthen your personal injury claim against the driver. Evidence such as traffic camera footage or witness statements can demonstrate the driver's negligence. This information is vital in building a strong case for compensation after a traffic accident.

Evidence Used to Assess Fault in Jaywalking Cases

Several types of evidence can help determine fault in a jaywalking accident. Police reports often provide initial details about the incident. Witness statements can offer additional perspectives on how the car accident occurred. They can talk about how oncoming traffic might have contributed to your accident.

Surveillance videos from nearby businesses or traffic cameras can also be valuable. These videos might show the driver's behavior or the conditions at the time of the pedestrian accident. Collecting this evidence promptly is important, as it may be overwritten or lost over time.

An experienced attorney can help collect this evidence for your personal injury claim. This is vital for helping us recover compensation for your medical bills.

Steps to Take After a Jaywalking Accident

If you're involved in a jaywalking accident, you must act quickly to protect your rights. Here are some steps you should take:

1. Seek medical attention. Even if you feel alright, you should see a doctor. Some catastrophic injuries may not show immediate symptoms.
2. Call the police. An official report will document the accident scene and details. This report can be crucial for your personal injury claim.
3. Gather information. Collect the driver's contact and insurance information. Also, get contact details from any witnesses to the pedestrian accident. Many pedestrians are injured each year, and our legal expertise in traffic laws allows us to build strong cases for our clients.
4. Document the scene. Snap a few pictures of the incident scene, your injuries, and any relevant traffic signs or signals. If there is proof of distracted driving or violation of traffic laws, try to capture that information.
5. Avoid admitting fault. Do not admit fault or apologize at the scene. Statements you make can be used against you later by the insurance company.
6. Notify your insurance company. Tell your insurer about the incident, but avoid giving detailed statements without legal advice.
7. Consult a lawyer. Talk to a personal injury attorney to review your rights and options in a no-fault insurance state like New York.

Taking these steps can help bolster your case. Remember, time is critical in collecting evidence and filing claims. Our pedestrian accident attorneys handle cases involving official and unmarked crosswalks. Let us help you pursue just compensation if you are hit by a car.

Compensation for Pedestrian Injuries While Jaywalking

Even if you were jaywalking, you might still be entitled to compensation. Potential damages include:

• Medical expenses. This covers hospital bills, medications, and rehabilitation costs for your accident injuries. This could include traumatic brain injuries and bone fractures.
• Lost wages. If you're unable to work due to your serious injuries, you can claim lost income.
• Pain and suffering. This is compensation for chronic pain and emotional distress caused by the pedestrian accident.
• Reduced earning capacity. If your injuries stop you from earning an income in the future, you may receive additional compensation.
• Property damage. This includes personal items damaged in the accident, like a cell phone or clothing.

A compassionate attorney can help you work through the claims process. They can negotiate with the insurance company to pursue a fair settlement for your personal injury claim. Our law firm even handles cases involving traffic deaths.

How a Lawyer Can Help You Maximize Your Compensation

A lawyer can be instrumental in building a strong personal injury claim. They are familiar with the complexities of New York's comparative negligence laws.

By gathering evidence and presenting a compelling case, they can minimize your degree of fault in the pedestrian accident. All parties, including the driver, must exercise reasonable care.

Attorneys can also handle communications with insurance companies. This ensures that your rights are protected and that you don't settle for less than you deserve. With legal support, you have a better chance of receiving compensation for your serious injuries.

Pedestrian and bicycle accidents are serious, and our car accident attorney can help you. Through personal injury cases, we help our clients recover compensation for medical costs and lost income.

Call Our Manhattan Pedestrian Accident Lawyer for a Free Case Consultation

If you've been injured in a pedestrian accident while jaywalking, don't hesitate to seek legal help. At Davidoff Law, we have experience handling complex pedestrian accident cases. We can help you understand your rights and pursue the compensation you deserve. We always put the attorney-client relationship first.

Contact our Manhattan pedestrian accident lawyer today for a free consultation. Count on our skilled attorney to fight for your rights.