Person in black pants and blue shoes jaywalking across street

Can I File A Lawsuit if I Was Hit By A Car While Jaywalking In New York?

With pedestrian accidents rising yearly, you need to be more careful than ever. Despite the dangers, you still may want to save a few minutes by quickly crossing a road if you don’t see a car coming. Even if it seems safe to cross the street, remember that one negligent driver is all it takes for a major collision to happen.

Thankfully, New York’s comparative negligence laws make it possible for pedestrians to recover at least some damages if they were involved in an accident.

What Is Jaywalking?

Jaywalking refers to illegally crossing a street outside the designated areas. From major highways to side streets, official and unmarked crosswalks are available to keep pedestrians and drivers safe. You can also cross the road at the nearest intersection if a crosswalk is unavailable.

Jaywalking Laws In NY

New York’s laws clearly define when a pedestrian or a motorist has the right of way and how to stay safe on the road.

Regarding jaywalking, it’s illegal in New York State, even if many pedestrians still do it regularly. The motorist has the right of way when you cross the street anywhere other than a designated crosswalk or intersection. Police officers can also give you a ticket if you’re caught jaywalking. While every situation is different, NYPD has issued some jaywalking pedestrians fines of up to $250 in recent years.

Can You Still Win Damages If You Have An Accident?

Accident cases in New York are sometimes more complicated due to the state’s legal system. Even if you were jaywalking, you still have a right to get compensated for any injuries if you can prove the defendant was also at fault. The state has a pure comparative negligence law, splitting the responsibility between the parties involved.

For example, if you were jaywalking and the motorist that hit you was driving recklessly, the fault may be split in two ways depending on the level of responsibility. In other words, the defendant and their insurance company would be partially liable for any damages you’ve sustained.

If you file an accident claim, you may be able to recover the following:

  • Medical bills
  • Lost wages
  • Pain and suffering
  • Property damages

Keep in mind that even if the driver is partially at fault, you’ll still be responsible for covering the rest of your losses.

Our Attorneys Can Help You Recover Your Damages

When you jaywalk, you’re potentially putting yourself at risk. One second is all it takes for an accident to happen, and it may leave you with lifelong trauma and injuries you may never recover from. Always follow basic pedestrian traffic rules and use a designated crosswalk to keep yourself safe.

However, if you were still the victim of an accident while jaywalking, you still have a chance at getting partial compensation based on your case. Our experienced motor vehicle accident attorneys will review your accident’s details and help you build a solid claim against the motorist involved. Please call us at (866) 575-0457 or contact us online to schedule your free trial consultation today.