Relevant Statutes and Laws Governing Pedestrian Accidents

New York law includes several provisions designed to protect pedestrians and assign liability when they are injured in vehicle collisions. Some of the most relevant statutes include:

• New York Vehicle and Traffic Law § 1151 – This law requires that drivers must yield the right of way to pedestrians in crosswalks. Failure to do so can result in both civil and criminal liability.
• New York Vehicle and Traffic Law § 1146 – Known as the “duty of due care” statute, this law requires drivers to exercise due care to avoid colliding with pedestrians. It holds drivers accountable if they fail to take necessary precautions to prevent accidents.
• No-Fault Insurance Law – In New York, no-fault insurance covers pedestrians who are struck by a vehicle. This means that medical bills and some lost wages may be covered regardless of who is at fault. However, to file a personal injury lawsuit for additional damages, the victim must meet the “serious injury threshold,” which includes significant disfigurement, bone fractures, permanent limitations, or full disability for at least 90 days.

Potential Penalties and Legal Consequences for Drivers

In New York, drivers who cause pedestrian accidents may face both civil and criminal penalties. The severity of these penalties depends on the circumstances surrounding the accident:

• Civil Liability – Victims of pedestrian accidents can pursue a personal injury lawsuit against the at-fault driver to recover damages for medical expenses, pain and suffering, lost wages, and other related costs. In cases of gross negligence, punitive damages may also be pursued.
• Criminal Charges – If a driver is found to be intoxicated, driving recklessly, or violating traffic laws, they may face criminal charges such as vehicular assault, reckless driving, or even manslaughter in the case of fatal accidents.
• Traffic Violations – Drivers who fail to yield to pedestrians or otherwise violate traffic laws may receive fines, points on their license, and other penalties. Repeat offenders may face more severe consequences, including license suspension or revocation.

Defense Strategies in Pedestrian Accident Cases

Defending against pedestrian accident claims requires a deep understanding of New York’s traffic laws and accident reconstruction techniques. At Cimasi Law Office, we tailor defense strategies to the specific circumstances of each case. Some potential defenses include:

• Challenging Fault – New York follows a comparative negligence system, meaning that if the pedestrian shares any blame for the accident, their compensation may be reduced. Defense strategies may involve showing that the pedestrian was jaywalking, distracted, or otherwise contributed to the accident.
• Disputing the Severity of Injuries – In cases where the “serious injury threshold” is in question, the defense may argue that the pedestrian’s injuries do not meet the threshold required to file a personal injury lawsuit.
• Demonstrating Compliance with Traffic Laws – If the driver followed all applicable laws and exercised due caution, the defense can argue that the accident was unavoidable or that the pedestrian acted unpredictably, making the collision inevitable.