Can Pedestrians Recover Damages if They Were Jaywalking?

New York City is a walking city. Every day, millions of people move through its crowded streets, crosswalks, and intersections on foot. But with so many cars, bikes, buses, and scooters sharing the road, accidents between drivers and pedestrians are all too common. If you’ve been hit by a vehicle while jaywalking, you still have rights, and you can still file a lawsuit. Just because you were jaywalking doesn’t mean you were automatically at fault for the accident, and a car accident lawyer can help you get the answers you need regarding your case. While the answer isn’t always black and white, you may still be entitled to recover damages for your injuries and more. 

What Is Considered Jaywalking in New York City?

“Jaywalking” generally means crossing the street outside of a designated crosswalk or against a traffic signal. In New York City, pedestrians are required to obey traffic signals and use crosswalks when available. 

Some examples of jaywalking in NYC include: 

• Crossing mid-block instead of at an intersection. 
• Entering the crosswalk when the “Don’t Walk” signal is lit. 
• Walking into the street diagonally outside a marked crosswalk. 

 While jaywalking is technically against the law, enforcement in NYC is rare. More importantly, violating a traffic rule as a pedestrian does not automatically prevent you from recovering damages if you’re struck by a car. 

The Legal Responsibilities of Pedestrians and Drivers 

Both drivers and pedestrians have legal duties to act with reasonable care. This shared duty of care means that accidents are not always one person’s fault. Courts look closely at the circumstances to decide who bears responsibility. 

Pedestrians are responsible for: 

• Crossing streets at crosswalks when possible. 
• Following traffic control signals. 
• Avoiding sudden movements into traffic. 

 Drivers are responsible for: 

• Yielding to pedestrians in crosswalks. 
• Maintaining a safe speed and keeping a proper lookout. 
• Avoiding collisions, even if the pedestrian makes a mistake. 
• Exercising extra caution in areas with children, seniors, or heavy foot traffic. 

When Are Drivers Liable for Accidents Involving Jaywalking? 

Even if you were jaywalking, drivers can still be held liable if their own negligence contributed to the crash. In these situations, even if you crossed outside a crosswalk, the driver’s unsafe actions may make them primarily responsible. If you were hit while jaywalking and the driver was doing any of the following, you may still have a personal injury lawsuit claim: 

• Distracted driving: the driver was texting, eating, or otherwise not paying attention. 
• Speeding: excessive speed reduces reaction time, making it harder to avoid pedestrians. 
• Failure to yield: drivers must yield when turning, even if the pedestrian is not in a crosswalk. 
• Impaired driving: a driver under the influence of alcohol or drugs can’t react safely. 
• Reckless behavior: swerving, running red lights, or ignoring traffic signs. 

When Would I Not Qualify for a Lawsuit?

There are situations where your actions can make it difficult to bring a successful lawsuit. This would include: 

• Sudden, unpredictable behavior: running into traffic in a way that gives drivers no chance to avoid a collision. 
• Extreme intoxication: a level of impairment that leads to stumbling directly into the road.
• Ignoring obvious hazards: darting across a highway or other dangerous roadway where pedestrians are prohibited. 

In these cases, courts may find that you were entirely responsible, preventing you from recovering damages. If you are uncertain whether you have a case, contact us today and we will evaluate the circumstances of your case. 

You Can Still File a Lawsuit Even If You Were Jaywalking 

New York follows a pure comparative negligence rule. This means that even if you were partly at fault for your accident, you can still recover compensation; your award is just reduced by your percentage of fault. This system ensures that pedestrians are not left without help simply because they made a mistake. 

What Damages Can Pedestrians Recover?

If you’re struck by a vehicle in New York, even while jaywalking, you may be entitled to compensation for: 

• Medical expenses (emergency care, surgery, rehabilitation, medications). 
• Lost wages and loss of future earning capacity. 
• Pain and suffering, including emotional trauma. 
• Permanent disability, scarring, or disfigurement. 

Because New York is a no-fault insurance state, your own insurance (if you have it) or the driver’s insurance may initially cover medical bills. But for serious injuries, you can step outside the no-fault system and pursue a lawsuit for full damages. 

What to Do If You’re Hit While Jaywalking

If you’ve been involved in a pedestrian accident, here are the steps to protect your rights: 

1. Call 911 immediately if you are injured. 
2. Stay at the scene until police arrive and make a report. 
3. Gather evidence: photos of the accident scene, witness information, driver details. 
4. Seek medical attention, even if injuries seem minor. 
5. Do not give statements to insurance adjusters before consulting an attorney. 
6. Contact an experienced pedestrian accident lawyer to evaluate your case. 

You Still Need an Attorney for a Jaywalking Case

Insurance companies often try to deny claims when pedestrians were jaywalking, arguing that the pedestrian was entirely at fault. Without strong legal representation, you may end up with nothing, even if the driver’s negligence played a major role. At Morelli Law, our car accident attorneys will fight for you. We will investigate the accident to help you gather evidence, and work with accident reconstruction experts to prove liability. Our attorneys have experience dealing with big insurance companies. We will fight for you to maximize your compensation, even if we have to go to trial. 

We’re Advocates for Pedestrian Accident Victims

At Morelli Law Firm, our attorneys have more than 100 years of combined experience. We’ve recovered billions of dollars for injured clients. If you’ve been injured as a pedestrian in New York, even if you were jaywalking, you may still have a strong case. Call us today for a free, confidential evaluation. We’ll explain your rights, help you understand your options, and fight for the compensation you deserve.