How Much Compensation Can You Get for a Pedestrian Accident in New York?
You were hit by a car while crossing the street, and you were not in a crosswalk. Now, you are injured, overwhelmed, and unsure where to turn. Can you file a jaywalking accident lawsuit, or did your actions take away your right to seek compensation?
At Greenspan & Greenspan Injury Lawyers, we understand the panic and confusion that follow a pedestrian accident, especially one involving complex questions of fault. If you are wondering whether you still have legal options, the answer is: possibly, yes. Under New York law, even jaywalkers may have the right to pursue compensation after a collision.
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Can a Pedestrian Be at Fault in a Crash?
Yes, a pedestrian can be partially or even primarily at fault. However, that determination depends on the circumstances and available evidence. A driver cannot simply blame the pedestrian to avoid liability.
Common driver actions that may shift fault away from a jaywalking pedestrian include:
- Driving under the influence,
- Failing to yield to pedestrians in intersections,
- Looking at a phone instead of the road,
- Running a red light or stop sign, and
- Driving too fast for conditions.
In these scenarios, even if the pedestrian broke a traffic rule, a jury may still assign greater responsibility to the driver.
So, if a pedestrian is hit while jaywalking, who is at fault? The answer: Both parties may share responsibility. What matters is the percentage assigned to each party, which determines how much compensation a pedestrian can recover.
Understanding Jaywalking and Comparative Fault in New York
Although New York law does not use the term “jaywalking,” pedestrians may violate traffic statutes when crossing the street outside a crosswalk or against signals. However, this does not automatically make a pedestrian responsible for an accident.
New York follows a legal doctrine called pure comparative fault. This rule means that multiple parties can share responsibility for an accident, and each party’s compensation is reduced by their percentage of liability.
If you file a jaywalking accident lawsuit, the court will examine whether:
- The driver was speeding, distracted, or had time to avoid the crash;
- The pedestrian was visible; and
- Other traffic violations occurred.
Even if you are found partially at fault, you may still recover compensation. For example, if you are found 30% at fault, your recovery will be reduced by 30%. Even if you were found 90% at fault, you could still recover 10% of your damages.
What Damages Can Be Claimed in a Pedestrian Jaywalk Case?
If you were struck by a vehicle while jaywalking and you were injured, you may still have a valid pedestrian jaywalk claim. The damages you can pursue are similar to those in other pedestrian accident lawsuits and may include:
- Medical bills (including hospital stays, surgeries, therapy);
- Future medical treatment and rehabilitation;
- Lost income from missed work;
- Loss of future earning capacity;
- Pain and suffering;
- Emotional distress and trauma; and
- Loss of enjoyment of life.
The severity of your injuries and the strength of the evidence will influence your recovery. At Greenspan & Greenspan, we take the time to investigate all available facts because even a few seconds of video footage or a witness statement can shift the determination of fault.
How to Strengthen Your Case After a Jaywalking Accident
It is critical to take immediate steps to protect your legal rights after an accident, especially when liability may be disputed. Here are key actions that can support your jaywalking accident lawsuit:
- Call 911. Ensure the accident is reported and that you receive emergency care.
- Document the scene. If you are able, take photos of the road, traffic lights, signage, and vehicle position.
- Get medical treatment. Prompt care not only helps your health but also documents your injuries.
- Avoid giving statements. Do not speak to the driver’s insurance company before consulting an attorney.
- Contact a New York pedestrian accident lawyer. Early legal help can make the difference between a denied claim and a fair recovery.
When you are accused of jaywalking, the insurance company will often try to shift the blame onto you. That is why it is essential to have experienced legal representation familiar with jaywalking and getting hit by a car claims in New York.
Does No-Fault Insurance Cover Jaywalking Accidents?
New York is a no-fault insurance state, which means that in many vehicle collisions, personal injury protection (PIP) benefits apply. If you are hit by a vehicle, even while jaywalking, you may still be eligible for basic no-fault coverage.
PIP benefits can help with:
- Medical expenses,
- Lost wages (up to a certain limit), and
- Transportation to medical appointments.
These benefits are available regardless of who caused the crash. However, if your injuries are severe enough to meet New York’s serious injury threshold, you may pursue a separate jaywalking accident lawsuit against the driver for additional damages.
How Attorneys Prove Fault in a Jaywalking Case
An experienced pedestrian injury attorney can gather all available evidence to support your claim and reduce your share of fault. This evidence includes:
- Surveillance footage,
- Traffic and dash cam videos,
- Witness interviews,
- Accident reconstruction experts,
- Police reports, and
- Medical records.
Your attorney will build a case that clearly outlines what happened and why the driver may still bear responsibility. It is especially important if you were partially at fault for the accident.
At Greenspan & Greenspan, we have a strong track record of securing results in complex liability cases, including those involving jaywalking and comparative fault claims.
Why Choose Greenspan & Greenspan Injury Lawyers?
At our firm, we do more than handle cases; we advocate for people whose lives have been turned upside down by serious injuries. We understand how vulnerable you feel after being hit by a car, especially when the law seems stacked against you.
When you work with us, you receive:
- Personalized, one-on-one support;
- Thorough investigation and evidence gathering;
- Clear, honest communication about your options; and
- Decades of experience handling pedestrian injury claims in New York.
Even if you were jaywalking, you still deserve answers and possibly compensation. We are here to fight for you.
Call Greenspan & Greenspan Injury Lawyers for Trusted, Trial-Tested Representation
If you were struck by a vehicle while jaywalking or crossing outside a crosswalk, do not assume you are out of options. At Greenspan & Greenspan Injury Lawyers, we have been helping injured New Yorkers recover compensation for more than 65 years. Our firm brings deep knowledge of New York’s comparative fault laws and a long track record of successful pedestrian accident recoveries.
We offer free, no-obligation consultations, and we only get paid if you do. Let us evaluate your case, answer your questions, and explain what comes next.
Call today to speak with a New York pedestrian accident lawyer who will fight for your rights and your recovery.
