Why did the chicken cross the road? Because he had the right of way.
It is an unfortunate reality of our society that at times motor vehicles will strike pedestrians. These incidents often cause significant injuries to the pedestrians involved. Of legal significance, is whether the pedestrian had the right of way. Determining whether an pedestrian injured by a vehicle had legal right of way is a crucial part of a personal injury lawsuit.
Under the laws of the State of New York, pedestrians have the right of way at all crosswalks, and at intersections with marked and unmarked crosswalks. A crosswalk is defined as “(a) that part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway between the curbs or, in the absence of curbs, between the edges of the traversable roadway.” A crosswalk also includes “(b) any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.” In layman’s terms, this means a crosswalk includes a path distinctly indicated for pedestrian crossing by lines or other markings. It also includes any part of the road at an intersection between the curbs on opposing sides of the road, or if there are no curbs, between the edges of the road. Such an area is considered a crosswalk whether or not it is marked. Further, Pedestrians always haven the right of way at intersections, even if the driver has a green light. As well, Pedestrians always have the right of way when on a sidewalk.
When vehicles drive over sidewalks, such as when they enter and exit driveways, they never have the right of way over pedestrians. If a road has no sidewalk, then pedestrians should walk along the curb, which will give the pedestrian the right of way. However, a pedestrian walking along the curb, will not have right of way if there is a walkable sidewalk along the road. There are other times when pedestrians do not have the right of way.
For one, Pedestrians are subject to following traffic-control signals. Also, under New York State Law, “(a) every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right of way to all vehicles upon the roadway.” This means that when crossing a street, and not on a crosswalk or intersection, pedestrians do not have right of way over vehicles. Further, “(b) any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right of way to all vehicles upon the roadway.” As well, “(c) No pedestrian shall cross a roadway intersection diagonally unless authorized by official traffic-control devices.” However, if you are a pedestrian injured while walking in a location without right of way, that does not necessarily mean you will be barred from recovery.
One can still recover for an incident, even if they do not have the right of way and are partially at fault. Drivers are not simply allowed to hit pedestrians, simply because they have the right of way. The Courts of New York will allocate a percentage of fault to each party in such a situation. The Plaintiff (suing injured party), even if they were partially at fault, can recover damages commensurate to the percentage of the Defendant’s fault. For example, this past week, an injured Connecticut pedestrian received a 1.25-million-dollar settlement from a driver who hit her while she crossed the street outside of the crosswalk. The pedestrian even received a citation from the police for failing to use the crosswalk. However, she was still able to recover.
If you are or a loved one were injured after being hit by a vehicle, you should reach out to a personal injury attorney as soon as possible to determine if you will be able to recover. At Zalman Schnurman and Miner P.C., we can help. Our attorneys have decades of experience and the initial consultation is free. Contact our firm over telephone at 1800-LAWLINE or through email at info@1800lawline.com.