Crosswalk Accidents: Driver Liability in New York

On May 1, 2025 by No Comments

Crosswalk accidents can be devastating, causing serious injuries and even fatalities. If you or a loved one has been involved in a crosswalk accident, it is imperative to understand your rights and seek legal help. In New York, drivers have a legal duty to yield to pedestrians in marked crosswalks. If a driver fails to do so and causes an accident, they may be held liable for the injuries and damages suffered by the pedestrian.

At Macaluso & Fafinski, P.C., our Bronx, New York pedestrian accident lawyers have extensive experience in handling crosswalk accident cases and fighting for the rights of our clients. Contact our firm today to discuss your case, and let us help you pursue the compensation you deserve.

Understanding Crosswalk Laws in New York

Under New York Vehicle and Traffic Law (VTL) § 1151, drivers must yield the right of way to pedestrians in marked crosswalks when there are no traffic signals. Even when traffic signals are present, pedestrians must follow the signal, but drivers still have a duty to exercise caution. It is also illegal for a driver to overtake another vehicle that is stopped for a pedestrian in a crosswalk. Additionally, drivers must be aware of school zones, intersections, and areas with high foot traffic. Failing to obey these laws can lead to traffic violations and civil liability if an accident occurs.

Common Causes of Crosswalk Accidents

A variety of factors can contribute to crosswalk accidents in New York. Distracted driving, such as texting or using apps while behind the wheel, is a significant cause of these accidents. Speeding or running red lights is especially dangerous in busy urban areas. Failure to yield is another common cause, with drivers ignoring pedestrians who have the right of way. Turning accidents, where drivers make left or right turns without checking for pedestrians, can also lead to accidents. Finally, impaired driving due to alcohol or drug use can affect reaction time and judgment. At Macaluso & Fafinski, P.C., our Bronx, New York pedestrian accident attorneys will investigate every angle to identify the root cause of the accident and prove the driver’s negligence.

Establishing Driver Liability in a Crosswalk Accident

In New York, personal injury cases are based on negligence—the failure to use reasonable care. To establish liability in a crosswalk accident, the injured pedestrian must show that the driver owed them a duty of care and that the driver breached that duty, such as by failing to yield or being distracted. The breach of duty must have caused the accident and resulting injuries. Evidence that can support liability includes traffic camera footage, eyewitness statements, police reports, driver citations or admissions, and cell phone records or dashcam footage.

What Compensation Is Available to Injured Pedestrians?

Victims of crosswalk accidents may be entitled to compensation for various damages, including medical expenses (past and future), lost income and reduced earning capacity, pain and suffering, emotional distress and trauma, and long-term disability or disfigurement. In cases where a loved one has been lost in a crosswalk accident, families may pursue a wrongful death claim for funeral expenses, lost companionship, and other losses. At Macaluso & Fafinski, P.C., our New York pedestrian accident lawyers work tirelessly to maximize every claim through detailed case preparation and skilled negotiation.

Steps to Take After a Crosswalk Accident

If you have been involved in a crosswalk accident, you can take certain steps to protect your rights and improve your chances of receiving full compensation. Seek immediate medical attention, even if your injuries seem minor, as some injuries may have delayed symptoms. Call the police and ensure that a report is filed. Take photos of any vehicle damage and your injuries. Finally, don’t speak with insurance adjusters before consulting one of our Bronx, New York pedestrian accident lawyers. Prompt legal guidance can preserve your rights and help you successfully pursue a crosswalk accident case.

Injured in a Bronx, New York Pedestrian Accident? Contact Macaluso & Fafinski, P.C. Today

With decades of experience in handling pedestrian and crosswalk accident cases, the Bronx, New York pedestrian accident attorneys at Macaluso & Fafinski, P.C. have the skills and knowledge to fight for your rights. We take a personalized approach, treating each client like family while aggressively pursuing justice on their behalf. Our track record speaks for itself, as we have secured millions in verdicts and settlements for New York injury victims.

We offer free consultations and charge no legal fees unless we win your case. Contact Macaluso & Fafinski, P.C. today for a free consultation and find out how we can fight for the justice and compensation you deserve. Call us today at (800) 762-9300 or visit us online, and let us help you navigate the legal process, protect your rights, and pursue the compensation you deserve. Don’t wait— you can take the first step toward justice now.