Crossing the street in Brooklyn doesn’t always happen at the crosswalk. With busy avenues, tight corners and unpredictable traffic, it’s easy to find yourself stepping off the curb mid-block. But in just a few seconds, a quick crossing can turn into a serious accident.
Moments like these are confusing and frightening, especially when injuries and hospital visits follow. Questions come quickly, and answers don’t always feel clear or even fair.
Fault isn’t always black or white
Jaywalking in New York City doesn’t automatically mean the pedestrian is entirely to blame for an accident. While crossing the street outside a designated crosswalk is technically against traffic laws, drivers still do have a legal responsibility to remain alert and exercise caution. New York traffic laws require motorists to operate their vehicles in a reasonably safe manner and to take steps to avoid hitting pedestrians, even those who are not in a marked crosswalk. This means that both the driver and pedestrian can share fault.
New York follows a comparative negligence system. This system allows injured parties to recover compensation even if they were partially responsible for the accident. The total amount of damages awarded is reduced by the individual’s percentage of fault. For example, if a pedestrian is determined to be 30% at fault for crossing mid-block without looking, but the driver was speeding or distracted and therefore 70% at fault, the pedestrian could still recover 70% of the total damages.
Details are also critical in these cases. It matters whether the driver was speeding down a busy avenue, or whether they had a clear opportunity to stop in time. Even in cases where a pedestrian is technically jaywalking, these factors can dramatically shift how fault is assigned.
If you or someone you love were hurt in a pedestrian accident, it can be worth having someone review the facts and help you understand where you stand. Don’t assume you’re out of options.