Do Pedestrians Always Have the Right of Way?

New York City has seen more than 240 pedestrian fatalities in just one year, according to the National Highway Traffic Safety Administration. This staggering number puts the state in the top five for pedestrian-related car accident deaths, and data shows that the large majority of these collisions occurs at intersections.

New York law enforcement and government officials have cracked down on motorists who do not observe basic traffic laws which put additional danger on pedestrians nearby. It’s critical to understand the regulations and safety guidelines in place to protect everyone on the road whether driving, riding a bike, or walking in a crosswalk. One of the most important traffic laws to understand in New York City involves the right of way.

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New York Right of Way Law

Pedestrians in the Big Apple have specific statutes that give them right of way in certain situations. The New York State Vehicle and Traffic Laws Section 1151 makes it clear that even if there isn’t a traffic signal present, those on foot have the right of way. This is also the case if a driver needs to cross a sidewalk or other areas considered a walkway which blocks the entrance to a parking lot or driveway.

Pedestrians don’t have complete unfettered privilege in traffic situations as laid out in Section 1152 of the same New York traffic laws. There is a situation where those who are crossing a roadway on foot must yield to vehicles on the roadway when crossing outside of designated crosswalk areas, whether marked or not.

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yellow taxi cab parked on the side of the road in new york city with traffic in the background

Traffic Violations That Determine Fault in Pedestrian Accidents

Holding drivers accountable for accidents involving pedestrians brings heavy consequences, even if the person who got struck wasn’t injured. Violating the right of way is a traffic offense that can result in tickets which count against the driver’s licensing.

In some instances, a driver didn’t come to a full stop before turning right at a red light and then strikes a pedestrian in the crosswalk. This is a common problem in busy metropolises like NYC. Ignoring traffic signals also contributes to many foot traffic injuries every year.

NYC’s Vision Zero

By 2024, Mayor Bill de Blasio wants to eliminate further traffic deaths in New York City by using a program called Vision Zero. Twenty years ago this approach to traffic safety was launched in Sweden to support and promote the idea that everyone should have safe movement by bus, bike, vehicle or on foot. For NYC, this plan will eventually create better local traffic laws, change how drivers behave on the road and adjust the logistics of some city streets.

One implementation that’s already underway involves traffic signal timing. Pedestrians now have a head start when using a crosswalk before turning lanes begin moving. Walk signals in parts of the city now illuminate ahead of the green light, which then means pedestrians are visible to surrounding traffic before the light changes for other lanes of traffic. This is just one of many changes coming to the state’s traffic environment.

child crossing the road at a crosswalk
child crossing the road at a crosswalk

NYC’s Vision Zero

By 2024, Mayor Bill de Blasio wants to eliminate further traffic deaths in New York City by using a program called Vision Zero. Twenty years ago this approach to traffic safety was launched in Sweden to support and promote the idea that everyone should have safe movement by bus, bike, vehicle or on foot. For NYC, this plan will eventually create better local traffic laws, change how drivers behave on the road and adjust the logistics of some city streets.

One implementation that’s already underway involves traffic signal timing. Pedestrians now have a head start when using a crosswalk before turning lanes begin moving. Walk signals in parts of the city now illuminate ahead of the green light, which then means pedestrians are visible to surrounding traffic before the light changes for other lanes of traffic. This is just one of many changes coming to the state’s traffic environment.

NYC Attorneys Who Protect Pedestrian Rights

Drivers pay attention to pedestrians crossing the street, despite the hectic and distracting nature of traffic. Foot traffic usually has the right of way in NYC, but drivers are not always diligent when they’re behind the wheel. By simply failing to properly stop at a red light before making a right-hand turn, they’ve altered your life forever.

The Barnes Firm’s best attorneys in NYC have worked with hundreds of pedestrian-related car accidents. We empathize with victims’ families who’ve suffered major damages or the loss of a loved one due to reckless drivers ignoring basic traffic safety laws. Our seasoned legal team fights on behalf of you and your family to get the compensation needed for financial, medical, and emotional trauma brought on by another motorist’s negligent driving. As recognized Super Lawyers, you can rely on our dedication to protect your rights and future care when pursuing damages for your case.

Contact us today to have your case evaluated and learn the next best steps for your situation.

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