07 Mar Know Your Rights: Pedestrian Safety Laws and Injury Claims on Long Island
Long Island is a vibrant mix of bustling downtowns, quiet suburbs, and scenic stretches of beach. But for pedestrians, navigating these spaces can sometimes come with hidden dangers. Pedestrian accidents can be devastating, leaving victims with physical, emotional, and financial burdens.
Here at Gruenberg Kelly Della, we understand the importance of pedestrian safety and want to empower you with knowledge. This blog explores pedestrian safety laws specific to Long Island and how they can impact your rights if you’re involved in an accident.
Pedestrian Right of Way in New York
New York State follows a “pedestrian right-of-way” law. This means drivers must yield the right of way to pedestrians in crosswalks, marked or unmarked, at intersections with a signal or stop sign, and when a pedestrian is already in the roadway and has begun crossing.
What Happens When There’s a Collision?
Unfortunately, accidents still occur. Here’s where understanding the law becomes crucial.
- Pedestrian in Crosswalk: If you were struck in a marked crosswalk with the right of way (e.g., the light was green for pedestrians), the law presumes the driver was negligent. This strengthens your case for compensation.
- Shared Fault: New York operates under a “pure comparative negligence” system. This means even if you were partially at fault for the accident (e.g., crossing against a red light), you can still recover damages. However, the amount you receive will be reduced based on your percentage of fault.
Key Evidence for Pedestrian Injury Claims
In any pedestrian accident case, evidence is critical. Here’s what can help:
- Police Report: The police report documents the scene, witness statements, and contributing factors.
- Medical Records: Detailed medical records document the extent of your injuries and link them to the accident.
- Witness Statements: Statements from bystanders can corroborate your version of events.
- Traffic Camera Footage: If available, traffic camera footage can provide a visual record of the accident.
Protecting Yourself as a Pedestrian
While the law protects pedestrians, taking precautions is essential:
- Always use crosswalks and obey traffic signals.
- Maintain eye contact with drivers and avoid distractions like phones.
- Wear bright clothing, especially at night.
- Be aware of your surroundings, especially near busy roads and intersections.
We’re Here to Help
Getting injured in a pedestrian accident can be overwhelming. If you’ve been involved in an accident, don’t hesitate to contact Gruenberg Kelly Della. Our experienced Long Island personal injury attorneys can help you navigate the legal process, understand your rights, and fight for the compensation you deserve. Remember, knowledge is power. By understanding pedestrian safety laws and your rights, you can stay safe and be prepared in case of an accident. Call our team today at 631-737-4110.