Long Island Pedestrian Accidents
In an average year, 312 New Yorkers die each year in pedestrian accidents. An additional 3,027 are hospitalized and 12,506 New Yorkers visit the emergency room as a result of pedestrian accidents. While many of these accidents occur in New York City, pedestrian accidents can and do occur throughout the state — including right here in Long Island.
Pedestrian accidents can lead to devastating injuries. When a car, truck, or other motor vehicle strikes a person, the results can be catastrophic. Unfortunately, the rate of distracted driving and other poor driving practices only seems to be increasing. As a result, the overall number of pedestrian accidents seems to be rising as well. The National Highway Transportation Safety Administration (NHTSA) reports that 5,987 pedestrians were killed in traffic accidents across the country in 2016, increasing 9% from 2015 — a pedestrian was killed every 1.5 hours.
How New York Law Protects Pedestrians
Under New York law, drivers and pedestrians are responsible for remaining alert when walking and driving. In addition to specific regulations in various towns and cities across New York, statewide laws provide guidelines on right of way. A traffic violation may be used to establish fault in a pedestrian accident case, particularly if a driver failed to yield to a pedestrian’s right as required by the law.
Under the New York State Vehicle and Traffic Law, pedestrians are afforded the right of way over motor vehicles in the absence of a traffic signal. In addition, any driver crossing a sidewalk, driveway, or parking lot must yield to pedestrians on that walkway. In other words, if you are walking along the sidewalk and a car attempts to turn into the alley or a parking lot (across the sidewalk), it must allow you to pass.
However, some laws favor drivers. Another section of the New York State Vehicle and Traffic Law requires pedestrians to yield to the right of way of drivers in any roadway, except in marked crosswalks or unmarked crosswalks in intersections. This means that drivers have the right of way unless there is a crosswalk or an unmarked crosswalk at an intersection.
Defense lawyers often use this second section to establish comparative fault on the part of the pedestrian. As a Long Island pedestrian accident attorney can explain, comparative fault is a concept that reduces a victim’s compensation by the percentage that they are at fault. For example, if you crossed the street outside the crosswalk and were hit by a speeding car whose driver was texting while driving, you are partially at fault because you did not give the driver the right of way. The jury might decide that you were 10% at fault while the driver was 90% at fault. If your total damages award were $100,000, it would reduce the amount to $90,000. The question of comparative fault can be complex and will vary based on the facts of your case. Working with a skilled Long Island pedestrian accident attorney can help you determine whether you have a viable case, as well as your options for moving forward.