Most people assume that if a pedestrian is hit by a car, the driver is always to blame. After all, pedestrians are more vulnerable in an accident, and drivers have a duty to watch for them. But the reality isn’t that simple. Pedestrians can be at fault for accidents, too.
New York law recognizes that both drivers and pedestrians have responsibilities when sharing the road. If a pedestrian acts carelessly and contributes to an accident, they may be held partially or even fully responsible. This can impact their ability to recover compensation for injuries. Let’s take a closer look at situations where pedestrians can be at fault and what that means for a personal injury claim.
Situations Where Pedestrians Can Be at Fault
Pedestrians have the right of way in many situations, but they also have a duty to follow traffic laws and act responsibly. Some of the most common ways pedestrians can be at fault for an accident include:
- Jaywalking – Crossing in the middle of the street instead of using a crosswalk increases the risk of an accident. Drivers aren’t expecting pedestrians to step out between parked cars, making it harder to react in time.
- Ignoring Traffic Signals – Walking against a “Don’t Walk” sign or crossing when the light is green for vehicles can put pedestrians directly in the path of oncoming traffic.
- Walking While Distracted – Just like distracted driving, distracted walking can be dangerous. Looking at a phone, wearing headphones, or not paying attention while crossing the street can lead to serious accidents.
- Entering Traffic Unexpectedly – Stepping into the street without checking for cars, whether due to distraction or in a rush, can leave drivers with little to no time to stop.
When a pedestrian’s actions contribute to an accident, it doesn’t necessarily mean they are 100% at fault. However, it can impact how much compensation they may receive in an injury claim.
New York’s Comparative Negligence Law
New York follows a comparative negligence rule, which means that more than one person can share responsibility for an accident. If a pedestrian is found partially at fault, their compensation may be reduced based on their percentage of fault.
For example, if a pedestrian was texting while crossing outside a crosswalk and was hit by a speeding driver, a court might determine the pedestrian was 40% responsible and the driver was 60% responsible. If the pedestrian is awarded $100,000 in damages, they would only receive $60,000 after the fault reduction.
This rule applies to all personal injury cases in New York, meaning even if you are partially at fault, you may still have a claim. However, insurance companies will often try to shift more blame onto pedestrians to reduce payouts. That’s why having a strong legal team can make a difference.
Your Rights as an Injured Pedestrian
After a pedestrian accident, it’s easy to feel powerless—especially if the driver or their insurance company starts pointing fingers. But you have the right to protect yourself and take action. That starts with documenting the scene, getting medical attention, and reporting the accident to the police. Even if you think you might be partly to blame, don’t admit fault or sign anything without legal advice.
You also have the right to pursue compensation for your injuries. That includes medical bills, lost income, and pain and suffering. The sooner you act, the better your chances of building a strong claim. Consult a personal injury lawyer before responding to insurance adjusters.
How a Pedestrian Accident Attorney Can Help
At Bornstein & Emanuel, P.C., we represent injured pedestrians across New York who deserve to have their side of the story heard. When drivers or insurance companies try to shift the blame onto you, we push back with evidence and legal strategies designed to protect your rights.
Our team has the experience and resources to investigate the accident thoroughly, interview witnesses, review footage, and build a strong case on your behalf. We understand how serious pedestrian injuries can be, and we work to limit your liability and maximize your compensation. From day one, our goal is to take the legal pressure off your shoulders so you can focus on healing.
If you’ve been hit by a vehicle—even if you’re worried you may be partly at fault—contact our office for a free consultation.
