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Pedestrian and bicycle accidents are common in New York, especially in densely populated areas where vehicles, cyclists, and pedestrians share the roads. Personal injury cases involving pedestrians and bicyclists have unique aspects distinguishing them from other traffic-related accidents. In this blog, Michael LoGiudice, LLP will help you understand these nuances and the rights pedestrians and bicyclists have under New York law can help injured parties navigate their claims and seek fair compensation.
Rights and Responsibilities of Pedestrians and Cyclists
In New York, pedestrians and bicyclists are protected under state law. However, they also have specific responsibilities to ensure their safety and avoid accidents. These rights and duties are critical in determining liability in personal injury cases.
Pedestrian Rights and Responsibilities
Pedestrians generally have the right of way at intersections and crosswalks. Under New York Vehicle and Traffic Law, drivers are required to yield to pedestrians crossing legally in these areas. Pedestrians must also follow traffic signals and cross only at designated crosswalks. Jaywalking, or crossing streets outside of crosswalks or against the signal, can impact a pedestrian’s case in an accident, as it may partially shift liability.
Cyclist Rights and Responsibilities
Bicyclists in New York have similar rights and responsibilities as motorists. They are entitled to use the road and must adhere to traffic signals and rules, including riding in the direction of traffic and using designated bike lanes where available. Cyclists should use hand signals when turning and are required to have lights and reflectors when riding at night.
Common Causes of Pedestrian and Bicycle Accidents
Pedestrian and bicycle accidents can occur due to various factors, often stemming from negligence by drivers, cyclists, or pedestrians. Here are some common causes:
- Distracted Driving: Drivers who use phones, GPS devices, or other distractions may not see pedestrians or cyclists in time to avoid a collision.
- Failure to Yield: Drivers turning left or right at intersections may fail to yield to pedestrians and bicyclists in crosswalks, resulting in accidents.
- Dooring Accidents: Cyclists often face risks from parked cars when a driver or passenger opens a door in their path, causing a sudden collision.
- Poor Road Conditions: Hazardous road conditions, including potholes and unclear signage, can be particularly dangerous for bicyclists, leading to serious accidents and injuries.
- Jaywalking and Unsafe Crossing: Pedestrians who cross outside of crosswalks or against signals may contribute to accidents, particularly in high-traffic areas.
Liability and Comparative Negligence in New York
New York follows a comparative negligence rule, which affects how damages are awarded in personal injury cases. Under this rule, an injured party can recover damages even if they are partially at fault for the accident. However, their compensation is reduced by the percentage of their fault.
For example, if a pedestrian is found to be 20% responsible for an accident, their total compensation will be reduced by 20%. This rule applies to pedestrians and bicyclists, meaning that if they share some fault in the accident, their recoverable damages will be adjusted accordingly.
Legal Obligations of Drivers Toward Pedestrians and Cyclists
New York law places specific obligations on drivers to protect vulnerable road users like pedestrians and cyclists. Here are a few critical laws that can impact personal injury claims:
- Yielding at Crosswalks: Drivers must yield to pedestrians at crosswalks, whether or not there is a traffic signal present. Failure to yield can result in significant liability for the driver in a pedestrian accident.
- Safe Passing Distance for Cyclists: New York requires drivers to maintain a safe distance when passing cyclists, though the law doesn’t specify an exact measurement. Failing to maintain a safe distance may constitute negligence if it leads to an accident.
- Right Turns and Bicyclist Safety: When making a right turn, drivers must be aware of cyclists riding alongside them. A common accident occurs when a driver turns into a cyclist’s path. This type of collision, known as a “right hook” accident, is often the driver’s fault if they fail to yield.
Steps to Take After a Pedestrian or Bicycle Accident
If you’re involved in a pedestrian or bicycle accident, taking certain steps can help protect your rights and strengthen your personal injury claim:
- Seek Medical Attention: Even if injuries seem minor, see a medical professional for a full evaluation. Medical records are crucial for documenting the extent of your injuries.
- File a Police Report: A police report can provide an official account of the accident and help establish liability.
- Gather Evidence: If possible, take photos of the accident scene, gather witness information, and collect details from the driver involved.
- Contact a Personal Injury Attorney: An experienced attorney can help you navigate New York’s laws, gather evidence, and negotiate with insurance companies to maximize your compensation.
New York Bicycle and Pedestrian Accident Attorneys
Pedestrian and bicycle accidents present unique legal challenges, but understanding New York’s laws and the rights of vulnerable road users can make a significant difference in a personal injury claim. With the right legal support, pedestrians and bicyclists injured due to another’s negligence can seek fair compensation for their injuries. At Michael LoGiudice, LLP, we are committed to helping accident victims understand their rights, gather compelling evidence, and pursue the compensation they deserve. Contact us today for a free consultation.