What To Do If You’re Involved In A Pedestrian Crosswalk Accident

What To Do If You’re Involved In A Pedestrian Crosswalk Accident
Calendar icon April 13, 2024 | Reading Time: 6 min

Pedestrian accidents at crosswalks are a significant concern in urban areas across the United States, like New York City. These incidents often result in severe injuries and can have life-altering consequences for the victims. Understanding the legal nuances and protections available to pedestrians is crucial for anyone involved in such an accident. In this blog post, we will delve into the key legal insights regarding pedestrian accidents at crosswalks and how victims can seek justice and compensation with the help of experienced attorneys like those at Cellino Law.

What To Do After A Pedestrian Crosswalk Accident - Cellino Law

Understanding Pedestrian Rights at Crosswalks

Pedestrians have designated rights that are protected by traffic laws and regulations. At a marked or unmarked crosswalk, vehicles are typically required to yield to pedestrians. However, pedestrians are also expected to follow the rules, such as crossing only at designated areas and obeying traffic signals. Despite these measures, when accidents occur, determining fault can be complex and requires a thorough understanding of state and local traffic laws.

Common Causes of Pedestrian Accidents at Crosswalks

Several factors contribute to pedestrian accidents at crosswalks, including:

  • Failure to Yield: One of the leading causes of pedestrian accidents at crosswalks is motorists failing to yield to pedestrians. In New York, pedestrians have the right of way in all crosswalks, at intersections with marked or unmarked crosswalks, and on walkways where a vehicle may be entering or exiting the roadway. 
  • Distracted Driving: There are many different types of  distractions that can take a driver’s attention off of the road. Actions such as texting, talking on the phone, or adjusting the radio, even for a moment,  can increase the risk of striking a pedestrian at a crosswalk.
  • Speeding: Excessive speed reduces a driver’s ability to react to pedestrians crossing the street, increasing the likelihood of accidents at crosswalks.
  • Poor Visibility: Inadequate lighting, obscured signage, or obstructed views can make it difficult for motorists to see pedestrians in crosswalks, increasing the risk of accidents, especially at night or in adverse weather conditions.

Insights For Victims Of A Crosswalk Accident

For pedestrians who have been injured at a crosswalk, being armed with the knowledge to protect your rights is crucial. Here are some things you should know if you’re involved in a crosswalk accident:

Determining Fault and Liability:
To recover damages in a pedestrian accident claim, victims must demonstrate that another party acted negligently and caused injury as a result. This could include failing to stop at a crosswalk signal or texting while driving. If you’re working with an attorney, they will work to gather additional evidence like traffic camera footage, speak to eyewitnesses, and work with accident reconstructionists to help determine liability.

Comparative Negligence:
Many states, like New York, operate under comparative negligence laws that affect compensation in pedestrian accidents. If a pedestrian is found to be partially at fault for their injuries, as stated in the police report or through the insurance adjuster’s investigation, the recoverable damages may be reduced by the percent they are found to be at fault.

Statute of Limitations:
Pedestrian accident victims have a limited time frame, known as the statute of limitations, to file a claim. This period varies by state, but in New York, injury victims have three years from the date of the accident to file a lawsuit for damages. Failing to file within this timeframe can result in losing the right to pursue compensation.

Damages and Compensation:
Victims of pedestrian accidents at crosswalks may be entitled to both compensatory and punitive damages, including medical expenses, lost wages, pain and suffering, and rehabilitation costs. 

Punitive damages may be awarded to the victim if the driver was acting in a particularly egregious or malicious way, meaning to cause damage to the victim. However, these damages are not available in every jurisdiction, so it is important to work with a skilled legal professional for guidance on damages that can be awarded.

Steps to Take Following a Pedestrian Accident

If you’ve been involved in a pedestrian accident at a crosswalk, it’s important to take the following steps to ensure that your rights are protected.

  • Seek Medical Attention: After an accident of any kind, it’s imperative that you seek the guidance of a medical professional. Even if you do not feel seriously injured after a crosswalk accident, a thorough examination from a medical professional can ensure that there are no “invisible” injuries.  If left untreated, these minor injuries can cause lasting problems.
  • Document the Scene: If possible, take photos or videos of the accident scene, including the crosswalk, any traffic signals, the vehicle involved, and your injuries.
  • Gather Information: Exchange contact and insurance information with the driver involved and obtain contact details from any witnesses. If the driver fled the scene, do your best to recall the vehicle make/model, license plate number, and direction they were heading.
  • File A Police Report: While at the scene, or as soon as possible after, contact the police to file an official accident report. This objective view of what happened at the scene is a valuable piece of evidence when filing a claim.
  • Contact an Experienced Pedestrian Accident Lawyer: Seek legal advice as soon as possible. An attorney with experience in pedestrian accidents can guide you through the legal process and help secure the compensation you deserve.

How Cellino Law Can Help

The aftermath of a pedestrian accident can be overwhelming, but you do not have to face it alone. At Cellino Law, our team of dedicated personal injury attorneys specializes in representing clients who have been injured in pedestrian accidents at crosswalks. We understand the complexities of these cases and are committed to fighting for the rights and best outcomes for our clients.

With our extensive experience, we will thoroughly investigate your case, gather the necessary evidence, and build a strong legal strategy. We will handle all negotiations with insurance companies on your behalf to ensure you receive the maximum possible compensation. Our attorneys can also represent you in court if a fair settlement cannot be reached.

If you or a loved one has been injured in a pedestrian accident at a crosswalk, it’s crucial to speak with an attorney who has a deep understanding of these cases. Contact Cellino Law today at 888-888-8888 for your free case consultation.

Zoom Screenshot_16.png

Content checked by the personal injury attorney Ross Cellino. As a family man and a trial attorney, I pride myself on winning cases and serving the community. With over 35 years of experience, I understand the function of a jury, how juries arrive at conclusions, and the role that the jury plays in administering justice. I know how to win cases. You can find us in Manhattan, Buffalo, Melville, Rochester, Brooklyn, The Bronx, Queens and other locations throughout New York.

SHARE THIS ARTICLE

INJURED?
WE CAN HELP

CALL US NOW

Free Case Review

BLOGS ARCHIVE

FREE CASE REVIEW

Testimonials

  • I can only say great things about my attorney Allan Silverstein. He is professional, he calls back right away, he keeps me informed, and makes me feel comfortable as this entire ordeal is stressful. I have total confidence in his ability to handle whatever comes his way. He is no nonsense and very good at his job. Thank you Allan... he is a true asset to the team!

    Mrs Steward

  • I want to thank your law firm for settling my lawsuit where others failed. You treated me with the utmost respect and care, because of your law firm the dream of owning my own home finally came true. For the first time in a long time, we're living out our dream home. Thank you a million times over. Thank you for making my dream come true.

    Marcy

  • Cellino Law and more specifically my attorney, Gregory V. Pajak, Managing Attorney, and as a whole the Cellino Law Firm and its organization. This is by far one of the most professional law firms and attorney I have ever engaged with and retained in my 35 years. The level of professionalism goes beyond words, the care and constant engagement with me as the client was touching. I was never ever just treated as simply a CASE with potentially a significant dollar number attached to my file. I was engaged regularly, Tracey (Ass’t) and Greg always made sure to remain constant, as well as consistent in overseeing that my case was handled properly and that it did matter in many ways - ensuring that the end result(s) would be fair and reasonable to my case/injury. The regular follow-up calls were very satisfying, knowing that you’re involved in your case matters significantly AND always. One of my main items to recognize Cellino Law and Gregory is that whenever I called, I was able to get through to speak directly to my Lawyer and he would answer any if not all of my questions in a very professional and genuinely caring manner. I always felt cared for and protected legally and more importantly, I was made feel as a human being that was being cared for and always keeping me abreast of all matters connected to the case. There was never a point I felt let down, on the contrary -the level of service was “STELLAR”. Greg is the consummate professional, a ‘role model’, if you will, for what other attorneys should strive to become when dealing with their clients.

    Anthony

  • Mark Kochanowicz is from far the best attorney you can have. Mark treats you like a friend more than a client. He truly cares and go the extra mile for you and your case, contacts you to update you in regards to your case and keep you informed at all times. Mark represented me twice and settled my cases for way more than I expected. I highly recommend Mark Kochanowicz because he is just the best on what he does!!! Thank you Mark!!!!

    Maria

  • I am writing this letter to say how much I appreciate your services pertaining to my case. Your injury attorney took a hands-on approach and left me fully informed at all times as to where my case was going as well as how much ground we had to cover; leaving the final decisions in my hands but making sure that I knew all of the risks involved in the choices. I have dealt with a few law firms in my life on various different cases and this is the first time that I never had to call and/or track down my lawyer… because of this, I have and will continue to recommend Cellino Law to my friends and associates.

    Denise

  • I am so grateful for your expertise, patience, and perseverance which resulted with such a successful settlement regarding my car accident. I also want to let you know how impressed I was with you and your firm and I won't hesitate to recommend you to anyone who needs assistance from an accident. I truly appreciated your care and professionalism. Thank you again for your kindness and support

    Lisa