# Pedestrians Always Have the Right of Way: Fact Or Myth? | Edelman, Krasin & Jaye ![Large group of pedestrians walking through crosswalk.](https://ekjlaw.com/wp-content/uploads/2025/07/EKJpedestrian.jpg) # Pedestrians Always Have the Right of Way: Fact Or Myth? I’m sure you’ve heard the age-old saying that pedestrians always have the right of way. In reality, pedestrian accidents are a lot more complex due to New York’s right-of-way laws. If you’ve recently been in a pedestrian accident, this post will give you an overview of the state’s laws and two of the most common myths that could affect your case. ## An Overview of Pedestrian Right-of-Way Laws in New York Each state has its own laws around pedestrians, and [New York](https://www.ny.gov/sites/default/files/atoms/files/Final_VT_Law.pdf) is no exception. Pedestrians have the right of way in: - **Marked and unmarked crosswalks** - **Intersections** - **When a driver turns onto another road** - **Areas where drivers are required to yield** If a driver fails to follow these rules and hits a passenger, they could face fines, points on their license, and higher insurance rates. The punishments are even more serious if their negligence led to an accident. On the other hand, pedestrians have their own set of rules they need to follow. They legally can’t cross in the middle of a block, ignore traffic signals, or walk into traffic randomly. If there’s evidence you did this, you may be held responsible for what happened. However, many accident cases aren’t always black and white. A driver still has a duty of care to other drivers and passengers. If you can prove they were being negligent (e.g., speeding, road rage, etc.), they may be held partially at fault. For a free legal consultation, call [(800) 469-7429](tel:+18004697429) ## Common Myths About Pedestrian Accidents ### Myth #1: Pedestrians always have the right of way No, pedestrians don’t always have the right of way in New York. While drivers need to be cautious, pedestrians also need to follow the state’s laws. For example, if a pedestrian jaywalks across a busy road and the driver can’t stop in time, they can definitely be held liable in court. The same would apply to a driver at a pedestrian crossing. If they keep driving and hit someone in the process, the driver would be at fault. Regardless of whether you’re driving or walking, *both* parties have a responsibility to keep the roads safe. ### Myth #2: Pedestrians can’t file a claim if they’re outside a crosswalk Even if you weren’t on a marked crosswalk, you can still legally file a claim against a driver. It might make you partially responsible, but it doesn’t mean you can’t seek compensation for your injuries. New York functions under a [“pure” comparative negligence](https://ekjlaw.com/faqs/comparative-negligence-what-you-need-to-know/) law. Under this system, both parties may share responsibility for what happened. However, the defendant’s insurance company might still try to deny your claim based on that detail. If you’re in this situation, having a lawyer could be the best way to negotiate with them and ensure you receive fair compensation. ## Get The Compensation You Deserve Proving who’s at fault in an accident isn’t always so black and white. Both the drivers and pedestrians have clear laws they need to follow to keep everyone around them safe. If you were recently involved in an accident and are looking to file a claim for damages, our [Long Island accident lawyers](https://ekjlaw.com/long-island-ny/pedestrian-accident-lawyer/) are here to help. We’ll analyze your case’s details and will make sure you get the compensation you deserve. Please [contact us](https://ekjlaw.com/contact-us/) at (866) 506-3694 to schedule a free consultation today. 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