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Motorists are generally liable for hitting pedestrians in crosswalks. A motorist must yield to a pedestrian in a crosswalk under New York’s Vehicle and Traffic Law. Pedestrians have the right of way as long as they do not walk into an oncoming vehicle’s path, even if the vehicle is so close to the pedestrian that it is impractical for it to stop, or suddenly leave the curb or other place of safety. A pedestrian who is knocked down during a crosswalk usually does not face liability for the accident. If a pedestrian in Queens is hit by a car outside a crosswalk, what happens? A pedestrian who is injured may be at fault for this, resulting in drastic liability issues.
A dedicated and professional pedestrian accident lawyer will be able to protect the rights of those who have been seriously injured or severely harmed due to a driver’s negligence or carelessness of another person, business, or government entity. This includes individuals who have become victims by being hit by a car outside of a crosswalk in Queens, New York City, or anywhere else in New York state.
New York City has one of the largest populations in the United States with 8.4 million residents. In terms of vehicle traffic and pedestrian traffic, NYC is a relatively safe walking city. However, it is important to remember that every life matters, and injuries and wrongful death are tragic. In fact, last year over 200 pedestrians were wrongfully killed in knockdown accidents. In 2020, there were 23 pedestrian fatalities and 1,668 injuries reported in just the first two months of the year. However, when the pandemic became prevalent in the United States, the numbers lowered to no fatalities and under 1,000 injuries.
However, as the pandemic’s restrictions began to calm down, the rate of pedestrian deaths and injuries began to rise again. Additionally, when the weather starts to become warm, especially in spring, the rate of pedestrian deaths and injuries will increase. This is mainly due to the fact that many residents of New York City want to enjoy the newfound good weather after a long winter.
Vehicle and Traffic Law section 1152 states that all pedestrians who are not crossing in a crosswalk or who are crossing at an unmarked crosswalk are required to yield to the right of way of all motor vehicles. However, in the Vehicle and Traffic Law section 1146, all drivers are required to “exercise due care to avoid colliding with any bicyclists, pedestrians, or domestic animals upon the roadway.”
Consequently, many pedestrian knockdown cases occurring outside of the crosswalk are usually highly contentious in terms of liability. In spite of the fact that pedestrians must yield to the right of way to all motor vehicles, motorists must take precautions to avoid colliding with pedestrians. There are no set rules or clear liability in pedestrian knockdown cases. Who is liable depends upon the facts and circumstances surrounding the accident. In these situations, pedestrians who are already in the roadway are likely to have the right of way. On the other hand, a pedestrian will have a very hard time recovering compensation if a motor vehicle strikes them as they step off the curb. This is important to keep in mind, as a pedestrian may still be entitled to compensation even if they were struck by a vehicle while outside a crosswalk.
The most common place for traffic accidents is at intersections. In fact, around 40% of all traffic accidents do occur near intersections. When considering pedestrians, the percentage is much higher. This is due to the fact that pedestrians aren’t protected like vehicle occupants are. Much like motorcycle accidents, pedestrians do not have the metal cage of a car to protect them as they cross the street, or stand on a corner.
When studying Queens car crash data, it was revealed that the most dangerous intersections in Queens are:
35th and Roosevelt Avenues, from 94th to 108th streets (Corona)
Woodward and Myrtle Avenues, from Grove Street to Forest Ave (Ridgewood)
College Point Avenue and Parsons Boulevard, from 37th to Franklin Avenue (Flushing)
37th Avenue and Broadway, from 76th Street to 84th Street (Jackson Heights)
89th to 90th Avenues, from 164th to 168th Place (Jamaica)
When looking at the main causes of pedestrian knockdown accidents, it’s easy to see that distracted driving is the main component. In fact, distracted driving is the most common cause of car accidents in Queens as well as pedestrian accidents.
However, there are other various forms of negligence that can cause a pedestrian knockdown accident, either by the pedestrian or by the driver of the vehicle. Some of the leading causes of pedestrian knockdown accidents in Queens are:
Running red lights or stop signs
Unsafe or illegal turns at intersections
Failure to yield the right of way to a pedestrian
Speeding up to beat a yellow light at an intersection
Drunk driving or driving while high
Fatigued driver
Unsafe or illegal passing
Driver aggression
Defective vehicle components
It’s important to note that not all pedestrian knockdown accidents are caused by drivers. Sometimes the liability falls on the pedestrian. Pedestrian behavior is unpredictable and can be dangerous. Too often pedestrians step out into the street without looking to ensure they are safe to do so first. Many also choose unsafe walking practices, such as walking in the street or gutter instead of on a sidewalk.
Weather and road hazards can also play a significant role in causing Queen's pedestrian knockdown accidents. Poor weather, road hazards, and defective traffic lights can also cause pedestrian knockdown accidents. This means that in order to determine who is liable, the cause of the accident must first be determined.
When pedestrians are hit by motor vehicles, they can obtain serious personal injuries that can be life-altering or even result in wrongful death. Not only are these kinds of injuries dangerous and devastating to the pedestrian, but to their families as well. When a pedestrian is struck by a motor vehicle, no matter what, they should contact an experienced Queens pedestrian accident lawyer. Many offer free case consultations to allow victims to understand their rights and options. A pedestrian accident attorney will do so much more than that as well. They will investigate the scene and help determine who is legally liable for any damages incurred. Call a Queens pedestrian knockdown lawyer near you today to learn more about how to protect your rights, and how to claim compensation.
