Myths About Pedestrian Accidents, Debunked
With millions of people walking the streets daily, it's crucial to address the misconceptions surrounding pedestrian accidents. Understanding the realities can help both pedestrians and drivers travel the streets safely and know their rights in the event of an accident.
If you were involved in a pedestrian accident in New York City, Long Island, Hempsted, Westbury, Mineola, or New Hyde Park, don't hesitate to contact my law firm at the Law Office of Steven R. Smith.
Myth 1: Pedestrians Always Have the Right of Way
A widely held belief is that pedestrians always have the right of way, regardless of the situation. While New York law does grant pedestrians certain rights, particularly at crosswalks and when traffic signals indicate their turn to cross, this doesn’t mean they can cross streets carelessly.
The Reality
Drivers must yield to pedestrians at marked crosswalks and intersections with traffic signals, but pedestrians also have a responsibility to follow traffic laws. If a pedestrian crosses outside of a designated crosswalk (jaywalking) or ignores traffic signals, they can be held partially responsible for an accident. If a pedestrian steps into traffic when it's unsafe, they may also share the blame.
Both drivers and pedestrians share the responsibility of exercising reasonable care, meaning that drivers need to be vigilant in pedestrian-heavy areas, and pedestrians must adhere to traffic rules and remain aware of their surroundings.
Key Responsibilities of Pedestrians
Follow traffic signals and cross only at designated crosswalks.
Avoid distractions such as texting or using headphones while crossing the street.
Make eye contact with drivers before crossing, especially in busy intersections.
Wear bright or reflective clothing at night to increase visibility.
Walk on sidewalks or, if unavailable, walk facing traffic.
Myth 2: Drivers Are Always at Fault for Pedestrian Accidents
Another common misconception is that drivers are automatically at fault in pedestrian accidents. While drivers are often held responsible, this isn’t a blanket rule. Determining fault involves analyzing the actions of both parties, as well as other contributing factors like road conditions, visibility, and traffic signals.
The Reality
New York follows a "pure comparative negligence" rule, meaning both the driver and pedestrian can share responsibility. For example, if a pedestrian crosses while distracted by their phone or outside of a crosswalk, they could be found partially at fault.
According to the Legal Information Institute of Cornell Law School, if a pedestrian is found to be more than 50% responsible for the accident, they may not be able to recover any compensation. However, if they're less than 50% at fault, their compensation will be reduced by their degree of fault.
Myth 3: Pedestrian Accidents Only Happen at Night
Many people believe that pedestrian accidents mostly occur at night when visibility is low. While nighttime accidents tend to result in higher fatalities due to decreased visibility, pedestrian accidents can happen at any time of the day.
The Reality
A significant number of pedestrian fatalities occur during the day, especially in busy areas with heavy foot traffic. Accidents can occur in crosswalks, on sidewalks, or even in parking lots and are often caused by factors such as distracted driving, speeding, and failure to yield.
Common Causes of Pedestrian Accidents
Distracted driving, such as texting or using a GPS
Failure to yield to pedestrians in crosswalks
Speeding in areas with heavy pedestrian traffic
Driving under the influence of alcohol or drugs
Poor visibility due to weather conditions or low lighting
Jaywalking or crossing streets outside of designated crosswalks
Myth 4: Pedestrians Don’t Need to Worry About Being Distracted
While distracted driving is a widely recognized issue, many overlook the dangers of distracted walking. Pedestrians often assume that because they're on foot, they don’t need to be as vigilant about distractions like using their phones or listening to music with headphones.
The Reality
Distracted walking is a growing concern, especially with the increased use of smartphones. Pedestrians engrossed in their devices are less aware of their surroundings, putting themselves at greater risk when crossing streets or moving through busy intersections.
Pedestrians have a legal obligation to exercise reasonable care, and failing to do so can contribute to an accident, potentially reducing the amount of compensation they may receive.
Myth 5: Pedestrian Accidents Only Happen in Big Cities
Many assume that pedestrian accidents are exclusive to large cities like New York City. While urban areas tend to see more accidents due to high pedestrian volumes, pedestrian accidents can also occur in suburban settings across Long Island.
The Reality
Pedestrian accidents can happen anywhere, including in small towns and rural areas. In suburban areas, higher speed limits, fewer marked crosswalks, and less frequent street lighting can make accidents even more dangerous.
Drivers in these areas may be less accustomed to seeing pedestrians, which increases the risk of accidents. Whether you’re in the heart of the city or in a quieter suburb, it’s crucial for both pedestrians and drivers to remain vigilant and adhere to traffic laws.
Myth 6: You Can’t Be Injured in a Low-Speed Pedestrian Accident
It’s often assumed that pedestrian accidents only cause significant injury when they occur at high speeds. This myth likely stems from the perception that serious injuries are a result of high-speed collisions.
The Reality
Even at low speeds, pedestrian accidents can cause serious injuries. A vehicle traveling at just 10 to 15 miles per hour can still lead to broken bones, head trauma, or other severe injuries to a pedestrian. The lack of protection for pedestrians makes them vulnerable, regardless of the speed of the vehicle.
Myth 7: Pedestrians Don’t Need a Lawyer After an Accident
Many people think they don’t need a lawyer after a pedestrian accident, especially if the insurance company offers a settlement. However, not seeking legal representation can lead to receiving less compensation than you otherwise could.
The Reality
Pedestrian accident cases can involve disputes over fault and negotiations with insurance companies that may attempt to minimize payouts. A personal injury attorney can help gather evidence, negotiate with insurers, and work with injured pedestrians so they receive fair compensation for medical bills, lost wages, and pain and suffering.
Myth 8: Pedestrian Accidents Don’t Involve Insurance
There is a misconception that insurance doesn’t come into play in pedestrian accidents, especially when the injured party isn’t in a vehicle. This myth may prevent pedestrians from pursuing compensation opportunities.
The Reality
In New York, if a pedestrian is hit by a car, they can often recover compensation from the at-fault driver’s insurance policy. If the driver is uninsured or underinsured, the pedestrian may also make a claim under their own uninsured/underinsured motorist coverage. Fighting for these claims can be difficult, which is why consulting an attorney is beneficial.
Myth 10: There’s Nothing You Can Do to Prevent Pedestrian Accidents
Some believe pedestrian accidents are inevitable and that there’s little anyone can do to prevent them. This is far from the truth, as both drivers and pedestrians can take important steps to reduce accidents.
The Reality
Pedestrian accidents are preventable. Drivers should obey speed limits, remain alert in pedestrian-heavy areas, and always yield to pedestrians in crosswalks. Pedestrians should follow traffic signals, cross at designated crosswalks, and stay aware of their surroundings at all times. Local municipalities can also implement safety measures such as improving street lighting, clearly marking crosswalks, and adding traffic-calming devices to reduce vehicle speeds in pedestrian-heavy areas.
Speak to a Pedestrian Accident Attorney
Pedestrian accidents are a serious concern that affects communities across New York and Long Island. Understanding the facts behind common myths can help prevent these accidents. If you or a loved one has been involved in a pedestrian accident, consulting with an experienced attorney is crucial. Contact me today to schedule a consultation.