What Are Your Rights and Responsibilities as a Pedestrian in NYC?

Navigating the streets of New York City as a pedestrian can be dangerous. The sheer volume of traffic and the fast pace of vehicles and pedestrians alike creates a dangerous environment. In 2022 alone, there were nearly 8,600 car accidents involving pedestrians, which resulted in 8,484 injuries and 116 deaths. Understanding your rights and responsibilities as a pedestrian is important, especially if you are involved in an accident with a vehicle. When do you have the right of way? When is the driver liable? Are you able to sue for compensation for your injuries? The answers to these questions depend on the details of your incident, and it’s something a reliable car accident lawyer can help you determine.  

Find out what you need to know about pedestrian and driver liability in New York City. 

Is a Driver Always at Fault if They Hit a Pedestrian? 

While it is a common belief that drivers are always at fault in pedestrian accidents, this is not always the case. New York traffic laws recognize that both drivers and pedestrians have specific duties and responsibilities. Liability in pedestrian accidents is determined based on the circumstances surrounding the incident. Either or both parties can be found at fault depending on their actions or inactions leading up to the accident. 

When Do Pedestrians Have the Right of Way in NYC? 

Pedestrians in NYC have the right of way in several scenarios: 

• Crosswalks: Pedestrians have the right of way at crosswalks when traffic control signals are in their favor. Vehicles must yield to pedestrians crossing the street within a marked or unmarked crosswalk at an intersection. 
• Intersections with Stop Signs: At intersections with stop signs, drivers must yield to pedestrians crossing the street. 
• Pedestrian Signals: When pedestrian signals indicate “Walk,” pedestrians have the right of way, and vehicles must yield. 

When Do Pedestrians Not Have the Right of Way in NYC? 

There are specific situations where pedestrians do not have the right of way: 

• Against Traffic Signals: If a pedestrian crosses against a red traffic signal or a “Don’t Walk” signal, they do not have the right of way. 
• Mid-block Crossings: Crossing the street at any point other than within a marked crosswalk or an unmarked crosswalk at an intersection (known as jaywalking), typically means the pedestrian does not have the right of way. 
• On Highways: Pedestrians are prohibited from walking on highways, and vehicles have the right of way in such areas. 

What Are Your Responsibilities as a Pedestrian in NYC? 

Pedestrians in NYC have several responsibilities to ensure their safety and the safety of others: 

• Obey Traffic Signals: Pedestrians must obey traffic control signals and pedestrian signals at intersections. 
• Use Crosswalks: Cross the street at designated crosswalks whenever possible. 
• Stay Alert: Remain attentive and avoid distractions such as using mobile devices while crossing streets. 
• Visibility: Make yourself visible to drivers, especially at night, by wearing bright or reflective clothing.

Do Pedestrians or Cyclists Have the Right of Way? 

The right of way between pedestrians and cyclists depends on the specific situation: 

• Shared Paths: On shared paths or sidewalks, cyclists must yield to pedestrians. 
• Crosswalks: Cyclists must yield to pedestrians crossing the street within a crosswalk. 
• Bike Lanes: Pedestrians should avoid walking in bike lanes. If they must cross a bike lane, they should do so with caution and yield to oncoming cyclists. 

Special Circumstances in New York City 

There are certain circumstances that can affect the right of way for both drivers and pedestrians in New York City: 

• Emergency Vehicles: Pedestrians must yield to emergency vehicles (e.g., ambulances, fire trucks, and police cars) with active sirens and flashing lights, even if they have the right of way. 
• School Zones: In school zones, drivers must yield to pedestrians, and special attention is required due to the presence of children. 
• Construction Zones: Construction areas may have temporary pedestrian pathways or signals; both drivers and pedestrians must follow these temporary rules. 
• Bus Lanes: Pedestrians should be cautious when crossing bus lanes, as buses have the right of way within these designated lanes. 

Injured in an Accident? Get in Touch with a Car Accident Attorney Today 

While drivers are often expected to yield to pedestrians, pedestrians also have specific responsibilities to ensure their safety and the safety of others. Keep in mind that, although we listed several specific circumstances above, these situations do not always guarantee that the pedestrian or driver will be held liable for their part in an accident. Many things factor into a car accident lawsuit, and fault can be determined in many ways. 

In general, you should always adhere to traffic signals, use crosswalks, and stay alert when walking in New York City. Drivers should also always be aware of where pedestrians are, which will significantly reduce the risk of accidents. In the unfortunate event of an accident, especially a hit and run, taking prompt action and consulting with a personal injury attorney can help protect your rights and secure the compensation you deserve.  

At Morelli Law, we have represented both drivers and pedestrians who have been involved in accidents, securing over a billion dollars in verdicts and settlements for our clients. If you or a loved one has been injured, have questions, or need legal assistance, our experienced team is here to help. Get in touch with us today for a free case evaluation.