Every day, millions of pedestrians rely on crosswalks to safely navigate busy intersections. They trust that drivers will respect their right-of-way. Sadly, some drivers disregard laws that protect pedestrians, including crosswalk regulations. The pain that results is not fair.
In the State of New York, there are around 300 pedestrians killed and 15,000 injured annually. When a pedestrian is struck by a vehicle, the consequences can be devastating. Accident victims may be left with severe injuries, significant medical bills, and emotional trauma.
At Cellino Law, we advocate for pedestrians who were injured in crosswalk accidents due to someone else’s negligence. Our legal team works hard to help our clients get fair compensation for their injuries. Reach out to us today to schedule a free consultation with a pedestrian accident lawyer.
What Is a Crosswalk?
A crosswalk is a designated area for pedestrians to cross the street. Under the law, there are two types of crosswalks: marked crosswalks and unmarked crosswalks.
Marked crosswalks are usually at intersections. Features of marked crosswalks typically include a striped painting pattern on the road and pedestrian traffic signals.
Unmarked crosswalks exist at most intersections, even if there are no painted lines. Legally, they are still considered crosswalks, and pedestrians have the right-of-way.
Crosswalks are protected under both state traffic laws and local municipal codes. In most areas, drivers are required to yield to pedestrians within a crosswalk.
How Do Crosswalk Accidents Happen?
As experienced pedestrian accident lawyers, we have successfully handled numerous cases involving victims in a crosswalk struck by a vehicle.
The following are some common causes for crosswalk accidents that we have noted:
- Driver inattention: Texting, talking on the phone, or being distracted can lead to a driver missing a pedestrian crossing
- Speeding: Driving too fast reduces a driver’s ability to stop in time when someone is in a crosswalk
- Failure to yield: Some drivers ignore or misinterpret pedestrian right-of-way laws
- Poor visibility: Weather conditions, time of day, or obstructed views can make it harder for drivers to see people crossing
- Impaired driving: Alcohol or drug use impairs reaction time and judgment, increasing the risk of striking a pedestrian
Pedestrians Have Rights While in a Crosswalk
As a pedestrian, you have the right-of-way in a crosswalk. Drivers are legally required to stop and allow pedestrians to cross safely.
This means that:
- Drivers have to yield to pedestrians lawfully in the crosswalk
- Pedestrians have the right-of-way even at unmarked crosswalks at intersections
- Turning vehicles must wait until pedestrians have cleared the crosswalk
- In many jurisdictions, drivers must stop, not just yield, when a pedestrian is in the crosswalk
That being said, pedestrians also have a legal responsibility to act responsibly. For example, they should not suddenly step off a curb into the path of an oncoming vehicle if the driver has no chance to stop in time.
Understanding Who Is Liable in a Crosswalk Accident
In the majority of situations, the driver is held liable when a pedestrian is struck at a crosswalk. This is because the law generally favors the pedestrian’s right-of-way. However, each case is unique.
The following are key parties who may be held responsible.
The driver
As discussed, drivers have a legal duty to yield to pedestrians in crosswalks.
Common causes of driver liability include:
- Failing to stop or yield
- Distracted driving
- Reckless driving
- Driving under the influence of drugs or alcohol
- Ignoring traffic signals or signs
If a driver hits a pedestrian while he or she is legally crossing, the driver most often is found responsible.
The pedestrian
While pedestrians have strong legal protections, they also have responsibilities.
Pedestrians may share liability if:
- They suddenly dart into traffic
- They cross outside a crosswalk or against a signal
- They are distracted (looking at a phone)
- They are under the influence of drugs or alcohol
What if, as a pedestrian, you are only found partially at fault? You may still be able to recover damages under comparative negligence laws, but your compensation will be reduced based on your percentage of fault.
Other parties
There are situations where third parties may also be liable, such as:
- Municipalities: If the crosswalk was poorly designed or improperly maintained
- Vehicle manufacturers: If a vehicle defect contributed to the incident
- Property owners: If visual obstructions (like overgrown trees or signs) on private property made the crosswalk unsafe
How a Crosswalk Accident Attorney Can Help
If you have been injured in a crosswalk accident, you deserve compensation for your injuries and other losses. Having a trusted personal injury lawyer on your side can make a significant difference in the outcome of your case. Here is how an attorney can help.
Investigating the accident
A skilled personal injury lawyer will complete a thorough investigation of your case, including:
- Visiting the accident scene
- Obtaining video footage, if available
- Interviewing witnesses
- Consulting accident reconstructionists and other experts, as needed
Communicating with insurance companies
Insurance companies often try to minimize payouts or shift blame onto the pedestrian. Your pedestrian accident lawyer will handle all communication, ensuring your rights are protected and that you’re not pressured into accepting a low settlement.
Calculating full compensation
An experienced pedestrian accident attorney will assess the complete value of your personal injury claim, including:
- Current medical bills and future treatment costs
- Lost income and reduced earning capacity
- Pain and suffering
- Emotional distress
- Long-term disability or disfigurement
Your lawyer will fight the insurance company for compensation that reflects the full impact of your injuries.
Negotiate or litigate on your behalf
Whether through a negotiated settlement or a courtroom trial, your personal injury attorney will advocate for you every step of the way. His or her goal is to secure the best possible outcome so you can focus on healing and moving forward.
Schedule a Free Consultation With a Pedestrian Accident Lawyer Today
The compassionate attorneys at our law firm understand that a pedestrian accident can have life-altering consequences. You don’t have to navigate this difficult time alone. At Cellino Law, we offer skilled, experienced legal representation and a free consultation to discuss your case.
Having the right legal support allows you to focus on recovery while we handle the details of your accident claim. Our law firm has over 65 years of experience in helping accident victims seek justice and fair compensation. We have recovered over $2 billion in settlements for our clients.
If you have been harmed in a crosswalk accident, don’t wait. For more information or to schedule a free case review, complete the contact form or call us at 888-888-8888.