Pedestrian accidents in New York often raise questions about liability, especially when the pedestrian was jaywalking. While jaywalking is illegal in many situations, it does not always eliminate a person’s right to seek compensation after being hit by a vehicle. The outcome depends on state traffic laws, the concept of comparative negligence, and the specific details of the accident.

Jaywalking Laws in New York

Jaywalking occurs when a pedestrian crosses a street outside of a designated crosswalk or against a traffic signal. In New York, Vehicle and Traffic Law (VTL) § 1152 outlines when pedestrians must yield the right of way to vehicles. While crossing outside a marked crosswalk is not automatically a crime, it is considered a violation of traffic law, which can factor into fault determination after an accident.

However, drivers also have legal duties under VTL § 1146, which requires them to exercise due care to avoid colliding with pedestrians, regardless of where the pedestrian is crossing. This means that even if you were jaywalking, the driver may still be partially—or even mostly—liable if they were speeding, distracted, or otherwise negligent.

New York's Comparative Negligence Rule and Jaywalking Accidents

New York follows a pure comparative negligence rule under CPLR § 1411. This means that if you are partially at fault for your injuries—such as by jaywalking—you can still recover damages, but your compensation will be reduced by your percentage of fault.

Example:

If a jury finds that your damages total $100,000 but determines you were 30% at fault for crossing mid-block, your award would be reduced to $70,000.

This system recognizes that multiple factors often contribute to accidents, and pedestrians should not automatically lose the right to seek recovery simply because they violated a traffic rule.

Factors That Determine Liability in Jaywalking Injury Claims

Several elements influence whether a jaywalking pedestrian can successfully file an injury claim in New York:

Driver’s Behavior

Even if you crossed outside a crosswalk, the driver may share liability if they were:

• Speeding or failing to obey traffic signals
• Distracted by a phone or other device
• Driving under the influence of drugs or alcohol
• Ignoring weather or visibility conditions

Location and Circumstances

Accidents in high-pedestrian areas or poorly marked intersections often involve more shared responsibility. If a driver was aware—or should have been aware—that pedestrians frequently cross in a certain location, they may be held to a higher standard of caution.

Visibility and Road Conditions

Poor lighting, obstructed views, or slick pavement can complicate fault determinations. A driver who fails to adjust their driving for conditions may bear more responsibility, even if the pedestrian was jaywalking.

Filing a Claim in New York After Being Hit While Jaywalking

Step 1: Seek Medical Treatment Immediately

Your health and safety should be the top priority. Medical records will also play a significant role in proving the extent of your injuries and the timeline of events.

Step 2: Gather Evidence

The more evidence you collect, the stronger your case will be. This can include:

• Photos or videos of the scene
• Witness statements
• Police reports
• Traffic camera footage

Step 3: Notify Insurance Companies

New York is a no-fault insurance state for car accidents. Pedestrians injured in motor vehicle collisions typically start by filing a claim under the driver’s Personal Injury Protection (PIP) coverage, which pays for medical expenses and lost wages regardless of fault—up to the policy limits.

Step 4: Consider a Lawsuit for Additional Damages

If your injuries meet New York’s serious injury threshold under Insurance Law § 5102(d)—such as significant disfigurement, fracture, or permanent limitation—you may pursue a claim against the driver for pain and suffering, lost future earnings, and other damages beyond PIP coverage.

Potential Challenges in NY Jaywalking Injury Cases

Bias Against Pedestrians Who Violate Traffic Laws

Insurance adjusters and defense attorneys often argue that jaywalking is reckless behavior, attempting to place most or all of the blame on the pedestrian.

Disputes Over Percentage of Fault

Determining fault percentages is rarely straightforward. Competing accounts from the driver, the pedestrian, and witnesses can lead to disputes that require legal and expert analysis.

Proving Driver Negligence

Even if you were jaywalking, you still need to prove that the driver breached their duty of care and that this contributed to the accident. This can involve accident reconstruction experts, analysis of vehicle speed, and review of driver behavior.

How an Attorney Can Strengthen a Jaywalking Injury Claim

A skilled New York personal injury lawyer can:

• Investigate the accident thoroughly
• Gather and preserve key evidence
• Work with accident reconstruction experts
• Negotiate with insurance companies to maximize compensation
• Present a clear case for shared liability, reducing the percentage of fault assigned to you

Since New York’s pure comparative negligence system allows recovery even if you were mostly at fault, having experienced legal representation can significantly impact your outcome.

New York's Statute of Limitations for Filing a Claim

In New York, the general statute of limitations for personal injury claims is three years from the date of the accident. Missing this deadline can result in losing your right to seek compensation entirely. However, there are exceptions—such as shorter deadlines for claims against government entities—making it important to act quickly.

Preventing Jaywalking Accidents

While pedestrians have rights, safety is best ensured through caution on both sides:

For Pedestrians:

• Use designated crosswalks whenever possible
• Obey traffic signals and walk signs
• Make eye contact with drivers before crossing
• Avoid distractions like phones while crossing streets

For Drivers:

• Reduce speed in pedestrian-heavy areas
• Stay alert near schools, parks, and urban intersections
• Avoid distracted or impaired driving
• Be prepared for unexpected crossings, especially in areas with limited visibility

Conclusion

Being hit while jaywalking in New York does not automatically prevent you from filing an injury claim. Thanks to the state’s pure comparative negligence system, you may still recover compensation, even if you were partially at fault. The key lies in demonstrating that the driver also shared responsibility for the accident. Acting quickly to document the scene, seek medical treatment, and consult with a knowledgeable personal injury attorney can make the difference between a denied claim and a fair settlement.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating pedestrian accident claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.