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Pedestrian Accidents: Who Had the Right of Way?

Pedestrian Accidents: Who Had the Right of Way?

New York is a city of walkers due to continuous, heavy road traffic. However, drivers of cars, buses, taxis, and trucks do not always observe crosswalks and fail to yield the right of way to pedestrians.

Every year, over 15,000 people walking and biking are injured by drivers on New York City Streets. According to the New York Police Department, 231 traffic fatalities involving pedestrians and motorists occurred in 2015.

New York City’s Right of Way Law

This law is designed to help protect pedestrians on hazardous city streets, making it a misdemeanor criminal offense when a driver fails to yield and kills or injures an individual walking in the crosswalk with the right of way.

Under this law, pedestrians are given right-of-way protection for the duration of the countdown clock or the flashing red hand. However, when the law was first enacted, pedestrians crossing a street at a crosswalk with a “Walk, Don’t Walk” sign only have the right of way if they’ve started crossing when the sign shows a white walk signal.

Researchers of pedestrian accidents determined that real consequences of careless driving are the best way to encourage safe decisions behind the wheel. Before there even was a Right of Way Law, most of these drivers would only face a small fine and three points on their driving record, or even no consequences whatsoever.

Nowadays, the city is doing their best to ensure that pedestrians are protected by the law.

Let Our Brooklyn personal injury lawyer Help You

Most insurance adjusters are eager to settle a pedestrian accident case as soon as possible, even before the complete scope of an injury is determined. This allows them to typically settle claims for a reduced amount than they are worth. At Belushin Law Firm, P.C., we are ready to investigate your accident, collect evidence, negotiate with insurance providers, and handle all of the legal work while our clients make the best recovery possible.

Contact us and request a free consultation today.


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