A driver running a red light or failing to yield can leave a pedestrian with serious injuries. Regardless of how the accident happened, New York law offers protections for injured pedestrians. In such cases, you may be able to hold the at-fault driver responsible for your injuries and losses.
Pedestrian right-of-way laws in the city
New York law gives pedestrians the right of way in both marked and unmarked crosswalks. Drivers must stop and yield when a pedestrian steps into a crosswalk. When a pedestrian signal displays “walk,” drivers must not enter that crosswalk. Violating them can make a driver legally liable for resulting injuries.
How comparative fault works in New York
New York follows a pure comparative fault rule. Under this rule, a court can find you partially at fault and still allow you to recover damages. The amount you recover simply reduces based on your share of the fault. If a driver holds 80% of the fault, you can recover 80% of your total damages.
Evidence that can strengthen your case
New York City offers several city-specific sources that can strengthen your claim. These sources capture the accident exactly as it happened, providing powerful support for your case. This includes:
- NYC DOT traffic camera footage from nearby intersections
- MTA bus dashcam recordings from routes along the accident site
- Commercial surveillance footage from neighboring businesses
A legal team must request this footage formally because systems often overwrite recordings within days. Acting fast ensures this valuable evidence remains available for your case.
Why time matters after a crosswalk accident
New York law gives injured pedestrians three years to file a personal injury claim against a private partyWhen the claim involves a city entity like the DOT or MTA, the deadlines are much shorter. A Notice of Claim must be filed within 90 days of the accident, and the lawsuit must follow within one year and 90 days. Missing these deadlines can cost you your claim entirely.
While these sound generous, camera footage can disappear within days. Witnesses also become harder to locate over time. Starting the legal process early can give your case the strongest foundation for a full recovery.
Understanding your rights as a pedestrian
Many pedestrian accident victims assume partial blame disqualifies their claim entirely. That fear often stops people from pursuing compensation they rightfully deserve. New York’s comparative fault rule ensures that fault is shared fairly, not placed entirely on one person. Knowing this can change how you approach the situation after an accident.