Who Has the Right of Way When Traffic Lights Aren’t Working?

Traffic signal failures, whether due to power outages, controller malfunctions, or damage, create especially dangerous conditions for pedestrians in New York. When traffic lights are not working properly, confusion over who should yield to whom can lead to serious pedestrian knockdown accidents. If you’ve been struck by a vehicle when the lights were out or blinking in Brooklyn, the Bronx, Queens or Manhattan, contact Leandros A. Vrionedes, P.C., to speak with a New York City pedestrian accident lawyer who can help you understand what the law says about pedestrian right of way and whether you may be able to recover compensation for your injuries.

What New York Law Says When Signals Are Not Working

Under New York Vehicle & Traffic Law § 1151, drivers must yield to pedestrians when traffic control signals are “not in place or not in operation.” Specifically, VTL § 1151(a) states:

“When traffic‑control signals are not in place or not in operation the driver of a vehicle shall yield the right of way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk …”

That means even without a green light or a walk signal, pedestrians in a crosswalk (marked or unmarked) generally have priority. The law doesn’t excuse drivers just because the lights are out; they must slow down or stop if needed to allow pedestrians to cross.

But VTL § 1151 also places some responsibility on pedestrians. Subsection (b) prohibits a pedestrian from suddenly stepping into the street “into the path of a vehicle which is so close that it is impractical for the driver to yield.” This means a driver’s duty is not unlimited; the pedestrian must act reasonably, too.

Additionally, VTL § 1151(c) provides that if one vehicle has stopped for a pedestrian in the crosswalk, other vehicles approaching from behind cannot overtake and pass that stopped vehicle.

What About Intersections Without Signals Altogether?

Many pedestrian knockdowns happen at intersections with no lights at all. In these cases, New York law still recognizes pedestrian rights, but with important qualifications.

The law defines crosswalks not just by painted lines but also by roadway geometry, as “any part of the road at an intersection between the curbs … or, if there are no curbs … between the edges of the traversable roadway.” That means unmarked crosswalks at intersections are still legally crosswalks, and under VTL § 1151(a), motorists must yield to pedestrians there even when signal controls don’t exist.

At the same time, VTL § 1152 clarifies that when pedestrians cross the road at points other than at a crosswalk (for example, mid-block), they must yield to vehicles. So outside intersections or crosswalks, drivers typically have the right of way, and pedestrians assume greater risk. Even so, drivers still owe a general duty of care to avoid hitting pedestrians in the road. Speeding, drunk or distracted driving, and reckless or dangerous maneuvers that harm pedestrians can still result in liability to an injury victim.

New York City Rules Reinforce the State Law

In New York City, the NYC Traffic Rules (34 RCNY § 4‑04(b)) specifically require drivers and cyclists to stop for pedestrians in a crosswalk when signals are not in operation, whether the crosswalk is marked or unmarked. This means that even in the absence of working traffic lights, NYC law demands that drivers yield to pedestrians crossing at intersections; drivers must stop and stay stopped until the pedestrians finish crossing.

Why Accidents Happen When Signals Fail

When lights go out or blink, many drivers mistakenly treat the intersection like a standard stop‑sign intersection, but that assumption can be dangerous:

1. Some drivers may speed through, thinking they have “right of way.”
2. Others may simply fail to notice pedestrians stepping into the crosswalk because they are focusing on cross-traffic.
3. Pedestrians may assume all drivers will stop and begin crossing without fully checking that approaching vehicles are yielding.

These misunderstandings frequently lead to pedestrian knockdowns, and because the law clearly requires yielding, drivers may be held liable even if the lights weren’t working.

What to Do After a Pedestrian Knockdown When Signals Were Not Working

If you were struck by a car as a pedestrian at an intersection with non-functional traffic lights, here are some steps to consider:

1. Get medical attention immediately. Your health is the top priority, and your medical records will be critical if you need to file an insurance claim or lawsuit.
2. Document everything. If possible, take photos of the intersection, the non-functioning lights, crosswalk markings, and any damage. Note any traffic-control device status.
3. Get witness information. Passersby, other pedestrians, or even drivers may have seen what happened.
4. Report the accident. Call the police. A police report can help document the circumstances and the failure of the signals.
5. Consult a pedestrian accident attorney. A lawyer familiar with New York traffic and pedestrian laws (like Leandros A. Vrionedes, P.C.) can investigate whether the driver breached their duty, and whether municipal or other defendants may share liability.

Comparative Fault and Pedestrian Knockdowns

Even when signals are out, comparative fault rules may come into play. While VTL § 1151 gives pedestrians priority in a crosswalk, drivers might argue that the pedestrian was partly at fault, for example, by stepping out unsafely. In New York, a pedestrian’s compensation may be reduced by their percentage of fault, but that does not necessarily bar recovery. An experienced attorney can evaluate who was primarily responsible for the collision and assign fault appropriately, leveraging traffic law, intersection geometry, and expert analysis.

Call Leandros A. Vrionedes, P.C.

Pedestrian knockdown accidents at intersections with non-operational or no traffic signals are among the most legally and factually complex kinds of pedestrian injury cases. Drivers often misjudge their obligations, and when signals fail, it’s all too easy for tragedy to strike.

At Leandros A. Vrionedes, P.C., we have deep experience advocating for injured pedestrians in New York City. We know how to use the Vehicle & Traffic Law, NYC traffic rules, expert witnesses, and accident reconstruction to hold negligent drivers, and potentially other parties, accountable.

If you were hit while crossing the street when traffic lights weren’t working, contact us today for a free consultation. Let us help you protect your rights and seek the compensation you deserve.