Who Is at Fault in a Pedestrian Knockdown Case?

Pedestrian knockdown accidents are among the most devastating types of traffic collisions in New York City. With millions of people walking every day and cars, buses, and bicycles constantly vying for space, even a moment’s inattention can lead to tragedy. When a pedestrian is struck, one of the most critical, and often contested, questions is: Who is at fault?

Determining liability in a pedestrian knockdown case requires understanding New York’s traffic laws, right-of-way rules, and how the state’s comparative negligence system applies. Even when the driver is clearly responsible, insurance companies often try to shift some of the blame to the pedestrian to reduce the value of the claim. Knowing your rights under New York law can make a major difference in your recovery. If you have been knocked down and hurt by a motor vehicle while walking in Manhattan, Queens, Brooklyn, or the Bronx, contact Leandros A. Vrionedes, P.C., to speak with an experienced New York City pedestrian accident lawyer.

New York Law on Pedestrian Right of Way

Under New York Vehicle and Traffic Law (VTL) §1151, drivers must yield the right of way to pedestrians lawfully crossing within a crosswalk at an intersection where there are no traffic signals or where a traffic officer is not directing traffic. This means that if you were crossing within the marked or unmarked crosswalk and obeying traffic signals, the driver generally bears the greater responsibility to avoid hitting you.

Similarly, drivers entering or exiting an alleyway, driveway or parking lot must yield to pedestrians approaching on the sidewalk, according to VTL 1151-A.

Drivers also have a general duty of care under VTL §1146 to exercise “due care to avoid colliding with any bicyclist, pedestrian, or domestic animal.” This duty applies everywhere, not just at intersections. A driver who fails to see a pedestrian in time or drives too fast for conditions can still be held negligent even if the pedestrian wasn’t crossing at a crosswalk.

In other words, the law recognizes that pedestrians are the most vulnerable users of the road, and motorists must take reasonable precautions to protect them.

The Role of Traffic Signals and Crosswalks

Pedestrian right of way often depends on traffic control devices. At intersections with lights or “Walk/Don’t Walk” signals, VTL §1112 governs pedestrian conduct. A pedestrian who enters a crosswalk while the “Walk” signal is illuminated has the legal right of way, and all vehicles must stop or yield.

If a pedestrian starts crossing after the “Don’t Walk” signal begins flashing or has turned solid, however, they could be found partially at fault if a collision occurs. But that action does not necessarily bar recovery altogether; drivers must still take reasonable care to avoid hitting anyone already in the crosswalk.

A frequent scenario in New York City involves turning vehicles. Even when a driver has a green light, they must yield to pedestrians lawfully crossing the street in the direction of the walk signal. Many knockdown accidents happen because drivers fail to check for pedestrians before turning right on green or left across oncoming traffic.

What About Jaywalking?

New York law implicitly allows crossing the street outside of a marked or unmarked crosswalk under VTL §1152(a), although the law is clear that jaywalking pedestrians must yield the right of way to vehicles. However, jaywalking does not automatically make a pedestrian at fault for their injuries. The key question remains whether the driver exercised reasonable care.

If a pedestrian crosses midblock but the driver was speeding, distracted, or failed to maintain a proper lookout, the driver could still be held liable in whole or in part. Courts in New York routinely find that both parties share some responsibility in these situations, and this is where the concept of comparative negligence comes into play.

Understanding Comparative Negligence in New York

New York follows a pure comparative negligence rule under CPLR §1411. This means that an injured pedestrian can recover damages even if they were partly at fault for the accident. The compensation is simply reduced by their percentage of fault.

For example, if a jury finds that the driver was 80% at fault and the pedestrian was 20% at fault, and the total damages were $500,000, the pedestrian could still recover $400,000, or 80% of the total.

Knowing this, insurance adjusters often try to exaggerate a pedestrian’s share of blame to reduce the payout. That’s why it’s crucial to have an experienced personal injury lawyer who can gather evidence and put together a solid case that demonstrates the driver’s total or primary responsibility.

Common Causes of Pedestrian Knockdowns in NYC

While every case is unique, most pedestrian knockdowns share a few common causes:

• Failure to yield at crosswalks or while turning
• Speeding in congested areas or school zones
• Distracted driving, including texting and checking social media
• Running red lights or stop signs
• Failing to adapt driving to weather or lighting conditions
• Parking lot and driveway exits where drivers fail to check for pedestrians
• Veering around a car that has stopped in traffic to allow a pedestrian to cross

Even in cases where a pedestrian was not perfectly following traffic rules, these driver behaviors often play the larger role in causing the collision. A skilled attorney can help establish this through physical evidence, driver phone records, or testimony from accident reconstruction experts.

Evidence That Helps Determine Fault

Proving fault in a pedestrian knockdown often requires a detailed investigation. Key evidence may include:

• Traffic camera or surveillance footage showing how the accident occurred
• Eyewitness statements corroborating that the pedestrian had the light or right of way
• Police accident reports, which often include the officer’s opinion on fault
• Vehicle damage patterns and skid marks that indicate speed or impact direction
• Expert analysis reconstructing the timing of signals and pedestrian movements

The sooner an attorney is involved, the easier it is to preserve this evidence before it’s lost or overwritten.

The Pedestrian’s Duty of Care

While drivers bear the heavier legal responsibility, pedestrians also have a duty to exercise reasonable care for their own safety. That includes obeying traffic signals, crossing at designated areas when possible, and staying alert.

However, being momentarily distracted or misjudging a signal doesn’t erase your right to compensation. The law recognizes that pedestrians are no match for a moving vehicle and that drivers must remain vigilant at all times.

Protecting Your Rights After a Pedestrian Knockdown in New York

If you’ve been hit by a car, bus, or other vehicle while walking in New York City, you may be entitled to compensation for your medical bills, lost wages, pain and suffering, and other legal damages. However, determining fault and navigating New York’s no-fault insurance laws can be complex.

The driver’s insurance company may contact you quickly with questions or an early settlement offer. You should never accept a settlement, sign documents, or give recorded statements before speaking to a lawyer who understands pedestrian accident law. A qualified attorney can ensure that your rights are protected and that all sources of compensation, such as the driver’s liability insurance or uninsured motorist coverage, are fully explored.

Contact Leandros A. Vrionedes, P.C. for Experienced Pedestrian Accident Representation

At Leandros A. Vrionedes, P.C., we have experience representing pedestrians who have been seriously injured in New York City knockdown accidents. We know how to uncover evidence of driver negligence, challenge unfair fault allegations, and pursue full compensation through negotiation or trial.

If you were hit while crossing the street, don’t assume you were at fault. Whether the driver ignored a crosswalk, turned without yielding, or failed to pay attention, you may have a strong claim under New York law.

Call Leandros A. Vrionedes, P.C., today for a free consultation. We’ll review your case, explain your rights, and help you pursue the justice and compensation you deserve.