When Is a Pedestrian at Fault for a Car Accident in New York?

When you crossed the street, you didn’t expect a car to come flying out of nowhere and hit you. You’d like to sue the driver, but you’re worried you might be partially at fault.

When is a pedestrian at fault for a car accident in New York? Discover the answer below. You’ll also learn about your legal options if you are partly at fault for a pedestrian accident.

When Is a Pedestrian at Fault for an Accident?

Many people automatically assume the driver is at fault in a pedestrian accident, but this isn’t always the case. Pedestrians can share some of the blame, too. Let’s go over a few cases in which the pedestrian would be partly liable for a collision.

Jaywalking

New York is a highly walkable city, and you’ll find crosswalks conveniently placed at virtually every single intersection. There isn’t much excuse, then, for jaywalking. Jaywalking includes failing to cross at designated crosswalks, obey pedestrian control signals, or yield the right-of-way to drivers.

Walking in Prohibited Areas

As you might expect, the law frowns on pedestrians who walk in the middle of the road or down the freeway. These areas are incredibly unsafe for foot traffic. A single pedestrian in the road can cause a multi-car pileup that involves severe injuries and an astronomical amount of property damage.

Distracted Walking

Listening to music or staring at your phone is a fun way to pass the time while on foot. These distractions, though, can lead you into major trouble. You might step off the sidewalk and faceplant on the street. Or perhaps you miss that the light has turned green and walk right into the path of oncoming cars.

Walking Under the Influence

Sensible people know not to slide behind the wheel after a night at the bar. Driving under the influence is illegal, of course, but what about walking under the influence?

In New York, public intoxication due to alcohol isn’t a crime. However, you’re going to run into legal problems if your drunkenness contributes to an accident.

New York does have a law against public intoxication due to drugs. So, if you wander into the street after doing drugs and a car hits you, a court will likely say you’re partly liable.

Poor Judgment

When is a pedestrian at fault for a car accident in New York? Does poor judgment make you liable for a collision?

While poor judgment in and of itself isn’t a crime, a lack of good judgment can make you liable for a pedestrian accident. Examples of poor judgment include running into the road without warning to collect something you dropped or walking in a poorly lit area at night while wearing dark clothing.

Can You Recover Damages for an Accident That Was Your Fault?

Even if you’re partially at fault for a pedestrian accident, it’s possible to recover at least some of your damages. Per New York law, you can recover damages even if you’re 99% at fault for the accident. The court will reduce your award by your percentage of fault.

You can also rely on your personal injury protection (PIP) insurance coverage to pay for medical bills. PIP is no-fault, so whether or not you’re liable has no bearing on coverage.

Contact Our Law Firm To Learn More About When a Pedestrian Is at Fault

If you’re still wondering, “When is a pedestrian at fault for a car accident in New York?” contact us online or call Cantor, Wolff, Nicastro & Hall LLC at (716) 848-8000 for a consultation.