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Attorneys Albert Cohen and Charles Haviv

You Deserve
A Personal Injury Lawyer
You Can Trust

What Are my Rights After Being Hit by a Car Outside a Crosswalk in Queens?

On Behalf of | May 1, 2020 | Pedestrian Accidents, Personal Injury |

Understanding Rights of Pedestrians in New York: Liability After Being Hit by a Car Outside a Crosswalk Explained by Our Queens Pedestrian Knockdown Lawyers

We all know that being hit by a car in a crosswalk generally results in liability for a motorist.  This is because New York Vehicle and Traffic Law requires all motorists to yield to the right-of-way of a pedestrian in a crosswalk.  As long as a pedestrian does not suddenly leave the curb or other place of safety, including not walking right into the path of an oncoming vehicle which is so close that it was impracticable for the vehicle to stop, a pedestrian will have the right of way.  This usually results in liability if a pedestrian is knocked down in a crosswalk.  However, what happens when a pedestrian is hit by a car outside a crosswalk in Queens?  This can result in drastically different liability issues, including it being the fault of the injured pedestrian.

This is why victims and their families need to retain an experienced Queens pedestrian knockdown lawyer at COHEN & COHEN PERSONAL INJURY LAWYERS, P.C.   We have dedicated our practice to protecting the rights of those who have been seriously injured or catastrophically harmed due to the reckless, careless, or negligent conduct of another person, business, or government entity.  This included pedestrians who have been hit by a car outside a crosswalk in Queens, NYC, Long Island, or anywhere else in New York.  If you or a loved one were seriously injured after being hit by a car, or if a loved one was wrongfully killed, ask our Queens pedestrian knockdown lawyers for help.

Pedestrian Knockdown Statistics: Dangerous and Deadly Accidents

New York City is a huge city.  Relatively speaking, based on the volume of vehicles and pedestrians, NYC is a safe walking city.  However, ever life matters and even one injury or wrongful death is a tragedy.  Last year, 221 pedestrians lost their lives in knockdown accidents.   While 2020 started off wrong with 23 fatalities and 1,668 injuries in just the first two months, the coronavirus which consumed much of March lower injuries to under 1,000 and had no fatalities.  But ask coronavirus restrictions begin to ease as the curve begins to slow down, and the weather finally starts to take a turn to warmer conditions, this could result in more injuries and fatalities on the streets.

Pedestrians Hit by a Car Outside a Crosswalk: What is the Law?

Initially, Vehicle and Traffic Law section 1152 requires all pedestrians who are not crossing in a crosswalk or who are crossing at an unmarked crosswalk (at a corner of the street to a corner of another street), shall yield to the right-of-way of all motor vehicles.  However, under Vehicle and Traffic Law section 1146, all motorists must “exercise due care to avoid colliding with any bicyclists, pedestrian, or domestic animal upon any roadway[.]”  

This is why many pedestrian knockdown cases occurring outside of the crosswalk typically result in hotly contested liability.  While a pedestrian most yield the right-of-way to all motor vehicles, a motorist must avoid collisions with a pedestrian.  The facts and circumstances of the case will dictate what rights a pedestrian has.  This means that a pedestrian who is already in the roadway will likely have the right-of-way.  Whereas a pedestrian who just steps off a curb and the motor vehicle strikes the pedestrian will not be able to recover any compensation.

The important bottomline is that, even if a pedestrian is hit by a car outside a crosswalk, he or she may still be entitled to compensation for the Queens car accident.

Ask Cohen & Cohen For Help if You Were Hit by a Car in Queens, NYC, or Anywhere on Long Island

Pedestrians who are hit by a car may suffer serious personal injuries or catastrophic damages.  In some of the most dangerous or devastating cases, a victim may be wrongfully killed.  Victims and their families should call our experienced Queens pedestrian accident lawyers to learn about your rights to compensation under New York Law.  Call to schedule a FREE case evaluation at COHEN & COHEN PERSONAL INJURY LAWYERS, P.C. by dialing 800-247-8164, or use our convenient and easy-to-use contact us box available here.  There is no upfront financial risk to have our lawyers begin to represent you because we only get paid after you get paid in a settlement or court award.