NY Crosswalk Accident Lawyers

Crosswalk accident attorneys represent pedestrians who are injured by negligent drivers while crossing an intersection. If a pedestrian has the legal right of way to use a crosswalk, and is struck by a negligent driver who does not have the right of way, they may be eligible to receive compensation for all accident-related damages. Hiring an injury attorney with experience in these types of cases helps victims maximize their settlement amounts to help cover lost wages, medical expenses, pain, suffering, and other damages.

Injuries Covered in Crosswalk Accident Lawsuits

Crosswalk accidents are among the leading causes of severe pedestrian injuries and deaths by motor vehicles in the US, according to the CDC. Some of the most common injuries sustained from crosswalk accidents include:

• Broken Bones: fractured, broken and crushed bones all over the body are common among pedestrians who are hit and/or run over by a vehicle in crosswalk accidents 
• Spinal Damage: from being hit from the side, front or back, which in many cases can lead to broken vertebrae and paralysis
• Traumatic Brain Injuries (TBIs): sudden impact with a car and contact with the ground often results in a fractured skull, and severe concussions that can cause permanent brain and nerve damage
• Cuts and Lacerations: from broken glass and debris 
• Bruises & Internal Bleeding: it is common for a pedestrian’s internal organs to be bruised, crushed and/or pierced in crosswalk collisions

Who is at Fault in a Crosswalk Accident? 

Depending on the specifics of a given incident, both pedestrians and drivers may be determined to have displayed negligent behavior that contributed to causing a crosswalk accident.

Pedestrian Negligence in Crosswalk Accidents

It is important to note that if an injured pedestrian disobeys any New York roadway laws stated below, they can still be proven largely innocent for the resulting accident with help from a crosswalk attorney, and thereby receive maximum compensation for damages.

• Pedestrians must obey all traffic signs and pavement markings
• Pedestrian signals must be followed when they are present
• When in a crosswalk where there isn’t a traffic control signal, drivers must yield the right-of-way to the pedestrian at all times
• When a crosswalk is not present, a pedestrian must yield to all vehicles
• Pedestrians must use sidewalks and crosswalks where they are provided

Driver Negligence in Crosswalk Accidents

Drivers are more commonly held liable for the majority of damages sustained in a crosswalk accident. The top contributing factors for crosswalk accidents in New York, according to NYPD data, include:

• Failure to yield the right of way to pedestrians
• Speeding through an intersection at a red light
• Speeding through stop signs
• Driver inattention and/or distraction
• Driving under the influence
• Backing up without caution

Furthermore, drivers must obey the following NY traffic laws if they are to prove innocence in a crosswalk accident in court:

• Drivers must yield to pedestrians in both marked and unmarked crosswalks.
• If stopped at a red light and the light turns green, drivers must wait if a pedestrian is still crossing.
• Motorists must yield to pedestrians on the left or right when making a turn.
• Drivers must yield to both vehicles and pedestrians when entering the road from a driveway, alley, private road, or any other non-roadway.
• A yield sign gives the right of way to pedestrians in a crosswalk. If a driver goes past a yield sign without stopping and hits a pedestrian (or another vehicle in the intersection), the accident will be deemed “prima facie” (meaning, automatic) evidence of failure to yield the right of way.

Safety Tips for Pedestrians: How to Avoid Crosswalk Accidents

The NHTSA recommends pedestrians follow these 10 simple steps to avoid injuries from traffic accidents:

1. Walk as predictably as possible. Follow the rules of the road and obey traffic signals.
2. Walk on sidewalks whenever they are available.
3. If there is no sidewalk, walk facing traffic—and as far from traffic as possible.
4. Keep alert at all times; don’t be distracted by electronic devices that take your eyes (and ears) off the road.
5. Whenever possible, cross streets at crosswalks or intersections, where drivers expect pedestrians. Look for cars in all directions, including those turning left or right. 
6. If a crosswalk or intersection is not available, locate a well-lit area where you have the best view of traffic. Wait for a gap in traffic that allows enough time to cross safely; continue watching for traffic as you cross. 
7. Never assume a driver sees you. Make eye contact with drivers and try to get their acknowledgment of your presence to make sure you are seen. 
8. Try to be as visible as possible. Wear bright clothing during the day and wear reflective materials or use a flashlight at night.
9. Watch for cars entering or exiting driveways or backing up in parking lots. 
10. Avoid alcohol and drugs when walking near roads; they impair your judgment and reaction times.

Safety Tips for Drivers: How to Avoid Crosswalk Accidents

The NHTSA recommends all drivers follow take these 9 steps to avoid accidents with pedestrians:

1. Always be on the lookout for pedestrians.
2. Use extra caution and drive slowly when driving in hard-to-see conditions, such as in storms and at nighttime.
3. Slow down and be prepared to stop before every crosswalk.
4. Yield to pedestrians in crosswalks and stop well back from the walk lines to give other vehicles an opportunity to see the crossing pedestrians, allowing them to stop at a safe distance too.
5. Never pass vehicles stopped at a crosswalk. There may be people crossing that you can’t see in front of stopped cars.
6. Never drive under the influence of drugs or alcohol.
7. Follow the speed limit, especially around pedestrians.
8. Follow slower speed limits in school zones and in neighborhoods where children are present.
9. Be extra cautious when backing up—pedestrians can move into your path.

Before Filing a Crosswalk Accident Claim

Crosswalk accidents can be deadly, and/or result in serious short and long-term consequences for all drivers, passengers and pedestrians. Filing a lawsuit against the driver responsible for the accident can help you recover lost wages missed due to your injuries, along with any related medical expenses, and other damages.

There are certain steps you can take as soon as possible after your accident to maximize your chances of building a successful case, before you file a lawsuit:

• Do NOT let another driver’s insurance company take a recorded statement regarding the accident. This is typically asked by insurance companies so that statements made before consulting with an attorney can be used as evidence that may discredit any recounting of the accident later
• Collect a copy of the police report
• Try to get a recording or hand-written account from any witness of the accident willing to give you a statement
• Most intersections are equipped with security cameras to catch people who illegally disregard traffic signals. This can be valuable evidence for your case. A personal injury lawyer will be able to help you collect this evidence.
• Keep a detailed record of all medical records relating to your injury, as well as a list of lost working hours and wages that are directly related to any injury. 

Filing a Crosswalk Accident Lawsuit

If you or someone you know has been in a crosswalk accident and are seeking compensation for any resulting injury, lost wages, pain and suffering, call 855-468-7626 or contact us online for a free consultation with an expert personal injury attorney today. 

The accident attorneys at Sobo & Sobo have over 50 years of experience helping clients across New York’s Hudson Valley and the Bronx win the compensation they deserve for their losses and improving their quality of life.

When you file a claim with Sobo & Sobo, you don’t pay unless we win the case. When we do win, our attorneys are paid through a percentage of your settlement, meaning you never have to pay out of pocket.