What Happens When a Pedestrian is Hit While Jaywalking in New York?
Getting hit by a vehicle as a pedestrian is a terrifying and often devastating experience. While many people assume that a pedestrian who is “jaywalking” is automatically at fault, New York law tells a more nuanced story. At Denlea & Carton LLP, our White Plains, New York law firm understands the complexities of these accidents. Even if a pedestrian was not in a crosswalk, they might still have a valid claim for their injuries.
Understanding Jaywalking in New York: Is It Illegal?
The term “jaywalking” often conjures images of a pedestrian carelessly darting into traffic. However, in New York, the rules are specific, and not every act of crossing outside a crosswalk is treated equally.
New York State Vehicle and Traffic Law dictates when and where pedestrians have the right-of-way. Generally, pedestrians must obey traffic signals and use crosswalks when available. If a pedestrian crosses a roadway at any point where a pedestrian tunnel or overhead pedestrian crossing has been provided, they must use those facilities. Likewise, if they cross within 1,000 feet of a crosswalk, they are generally expected to use the crosswalk.
However, many areas, especially outside of densely populated cities like New York City, may not have marked crosswalks at every intersection. In such cases, pedestrians often have a right to cross, but they must yield to vehicles. Local ordinances, like those in White Plains, can also have specific rules. Determining if jaywalking is legal in New York often depends on the exact location and circumstances.
The Driver’s Duty of Care: Even Towards Jaywalkers
It’s a common misconception that if you hit a jaywalker, the driver is automatically free from blame. This is not true in New York. Drivers always have a fundamental “duty of care” to operate their vehicles safely and avoid collisions, even with pedestrians who might not be obeying traffic laws.
Drivers are expected to be attentive, obey speed limits, and maintain proper lookout. This means they must react reasonably to hazards, including pedestrians who might unexpectedly enter the roadway. Factors that can affect a driver’s liability, even if a pedestrian was jaywalking, include:
- Speeding or Reckless Driving: A driver exceeding the speed limit or driving carelessly has less time to react.
- Distracted Driving: Texting, talking on the phone, or any other distraction can prevent a driver from seeing a pedestrian.
- Impairment: Driving under the influence of alcohol or drugs severely impairs a driver’s ability to react safely.
- Visibility and Environmental Factors: A driver has a higher duty of care at night, in bad weather, or in areas with poor visibility, where pedestrians might be harder to see.
Determining Fault in Jaywalking Accidents: New York’s Pure Comparative Negligence
New York State follows a legal principle called Pure Comparative Negligence. This system is critical in pedestrian car accident cases, especially when a pedestrian is hit while jaywalking.
Under pure comparative negligence, a pedestrian can still recover compensation for their injuries even if they were partly or even mostly at fault for the accident. The pedestrian’s total compensation will simply be reduced by their percentage of fault.
For example, if a jury determines that a pedestrian suffered $100,000 in damages but was 60% at fault for jaywalking, they could still recover $40,000 (40% of $100,000). This is a crucial distinction, as some states bar recovery if a party is more than 50% at fault. This means that even if you hit a jaywalker at night and they were partially at fault, the driver could still be held liable.
What Happens Immediately After a Jaywalking Accident?
If you are hit while jaywalking in New York, your actions immediately after the incident are vital for your health and any potential legal claim. Key steps to take include:
- Prioritize Medical Attention: Your health is the absolute priority. Accept medical transport to the hospital or seek immediate medical evaluation. Even if you don’t feel severely injured, adrenaline can mask pain, and internal injuries might not be immediately apparent.
- Contact the Police: Call 911 to ensure police respond and an accident report is filed. This report will document key details of the incident.
- Gather Evidence at the Scene: If possible and safe, take photos of the accident scene, including vehicle damage, road conditions, traffic signals, skid marks, and your injuries. Collect contact information for any witnesses.
- Avoid Admissions of Fault: Do not apologize, admit fault, or make statements that could be interpreted as accepting blame. Simply state what happened factually to the police.
Types of Injuries Common in Pedestrian Accidents
Pedestrians are incredibly vulnerable in collisions with vehicles, leading to severe and often life-altering injuries.
- Head and Traumatic Brain Injuries (TBIs): The impact of a vehicle or the ground can cause concussions, contusions, skull fractures, and severe TBIs, leading to long-term cognitive, physical, and emotional impairments.
- Fractures: Common bone breaks include the legs, pelvis, arms, and spine, often requiring extensive surgery, casting, and lengthy rehabilitation.
- Spinal Cord Injuries: Direct trauma to the spine can result in paralysis (paraplegia or quadriplegia), leading to permanent disability.
- Internal Injuries: Organs like the liver, spleen, or kidneys can be damaged, leading to internal bleeding and life-threatening complications.
Seeking Compensation After a Jaywalking Accident in New York
If you’ve been injured after being hit as a pedestrian jaywalking New York, you may be entitled to significant compensation for your damages, such as:
- Medical Expenses and Rehabilitation Costs: This includes emergency room visits, hospital stays, surgeries, medication, physical therapy, future medical care, and assistive devices.
- Lost Wages and Loss of Earning Capacity: Compensation for income lost due to time off work, as well as the long-term impact on your ability to earn a living if your injuries lead to permanent disability.
- Pain and Suffering: Damages for physical pain, emotional distress, mental anguish, loss of enjoyment of life, and the overall impact on your quality of life.
- Wrongful Death Claims: If a pedestrian tragically dies due to a jaywalking accident, their surviving family members may be able to pursue a wrongful death claim for economic and non-economic damages.
Why You Need a Skilled Personal Injury Attorney for a Jaywalking Accident
Navigating a personal injury claim after being hit while jaywalking is complex. Insurance companies often try to place all the blame on the pedestrian to avoid paying compensation. At Denlea & Carton LLP, our attorneys will:
- Investigating the Complexities of Fault: An experienced attorney will conduct a thorough investigation, gathering evidence, analyzing accident reports, and consulting with accident reconstruction experts to understand the nuances of what truly happened and establish driver negligence.
- Proving Driver Negligence Despite Jaywalking: We work to demonstrate that even if the pedestrian was partly at fault, the driver’s actions (e.g., speeding, distraction) contributed significantly to the accident.
- Negotiating with Insurance Companies: We protect your rights against aggressive insurance adjusters who may try to undervalue your claim or pressure you into a quick, low settlement.
- Maximizing Your Compensation Under Comparative Negligence: Our goal is to minimize your percentage of fault and maximize the compensation you receive under New York’s pure comparative negligence rule.
Don’t let the label “jaywalking” prevent you from seeking justice. If you or a loved one has been injured as a pedestrian in New York, even while jaywalking, contact Denlea & Carton LLP for a free consultation. We can help you understand your rights and fight for the compensation you deserve.
