What if I Was Jaywalking When I Got Hit by a Car in New York?

New York City is one of the busiest pedestrian cities in the world. People cross the street everywhere—at corners, mid-block, against the light, and sometimes outside designated crosswalks. Jaywalking might be common, but when a pedestrian is hit by a car while crossing outside a crosswalk or ignoring a traffic signal, they often worry: Do I still have the right to recover compensation for my injuries?

The short answer is yes. You may still be entitled to compensation, even if you were jaywalking when you were struck by a vehicle. But your case may be more complicated, and how much you can recover depends on New York’s comparative negligence rules.

At Leandros A. Vrionedes, P.C., we help injured pedestrians hold careless drivers accountable for their negligent, drunk or distracted driving, even in tough cases where the pedestrian may have been jaywalking. Here’s what you need to know if you were jaywalking when you got hit by a car in Manhattan, Queens, Brooklyn, or the Bronx in NYC. For advice and assistance unique to your specific situation, contact our office to speak with an experienced and dedicated New York City pedestrian accident lawyer.

Jaywalking and Pedestrian Accidents: Who Is at Fault?

Under New York law, pedestrians have a legal duty to obey traffic signals, cross within marked crosswalks when available, and yield the right-of-way when crossing the street outside of crosswalks or intersections. However, drivers also have a legal duty to operate their vehicles with reasonable care. That duty includes keeping a proper lookout for pedestrians at all times, even those crossing where they shouldn’t be.

Jaywalking in and of itself is not illegal, but it must be done safely and not in a way that would impede traffic or create a dangerous situation. Taking both driver and pedestrian duties together, this means that if you were jaywalking and did not yield the right of way, you may have violated a traffic law, but that doesn’t automatically absolve the driver of responsibility. Drivers are expected to see what is there to be seen and react in time to avoid hitting people in the roadway.

For example, if a driver was speeding, distracted by a cell phone, ran a red light, or failed to slow down in a busy area where pedestrians are likely to cross mid-block, they could still be found negligent and at least partially responsible for the accident.

How Comparative Negligence Works in New York

New York follows a pure comparative negligence rule. This means that if you were partially at fault for the accident—for example, because you crossed against the light or between parked cars—your compensation will be reduced by your percentage of fault, but you are not barred from recovering damages entirely.

Here’s how it works in practice:

• If your total damages are $100,000 and you are found 30% at fault for jaywalking, your recovery would be reduced by 30%, so you could still recover $70,000.
• If you are 70% at fault, you could still recover 30% of your damages, or $30,000.

Insurance companies often seize on pedestrian fault to offer low settlements or deny claims outright, but the facts might not show that the pedestrian was acting negligently. That’s why it’s so important to work with a lawyer who knows how to push back against such allegations, gather strong evidence, and prove that the driver’s negligence was still a significant factor, if not the only factor, in causing the pedestrian knockdown.

What if the Driver Says It Was All Your Fault?

After a pedestrian accident involving jaywalking, drivers and their insurers often argue that the pedestrian is entirely to blame. They may claim that you “darted out” into traffic without warning or that you crossed in a dangerous spot where the driver couldn’t possibly stop in time.

But these arguments are not the end of the story. Your attorney can investigate by obtaining traffic camera footage or nearby surveillance video that shows how the accident happened and collecting witness statements from people who saw you crossing and the driver’s behavior. Other valuable information can be learned by checking phone records to determine if the driver was texting or using a phone at the moment of impact and analyzing skid marks, vehicle damage, or accident reconstruction reports to show whether the driver was speeding or failed to brake in time. Even if you did something wrong by crossing outside a crosswalk, the law still requires the driver to do everything possible to avoid a collision.

Proving the Extent of Your Injuries After a Pedestrian Knockdown in NYC

Jaywalking doesn’t change the fact that being hit by a car can cause catastrophic injuries, including broken bones, spinal injuries, traumatic brain injuries, or internal damage that can require extensive treatment and time away from work.

Proving the seriousness of your injuries is key to recovering fair compensation for legal damages, such as:

• Emergency and ongoing medical bills
• Lost wages and reduced earning capacity
• Pain and suffering
• Long-term disability or disfigurement
• Loss of enjoyment of life

A skilled pedestrian accident lawyer will gather medical records, expert opinions, and evidence about how the accident has affected your daily life to fight back against lowball settlement offers.

Steps to Take If You Were Hit While Jaywalking

If you were struck by a car while jaywalking in New York, take these steps to protect your rights:

• Get medical treatment immediately and follow your doctor’s orders.
• Call the police and make sure an accident report is filed.
• Get the driver’s insurance and contact information.
• Take photos of the scene, your injuries, and any nearby traffic signals or signage.
• Talk to any witnesses and get their contact information.
• Contact an experienced pedestrian accident lawyer before speaking to the driver’s insurance company.

Talk to an Experienced New York Pedestrian Accident Lawyer Today

If you were hit by a car while jaywalking in New York, don’t assume you have no case. At Leandros A. Vrionedes, P.C., we understand how to handle complex pedestrian accident claims and fight for injured clients even when insurance companies try to blame the victim. Contact us today for a free consultation. We’ll explain your rights, answer your questions, and work tirelessly to get you the compensation you need to heal and move forward.