On a daily basis, at all hours of the day, the streets of New York City are filled with pedestrians, cyclists, and motorists navigating their way through the urban jungle. While crossing the street, one would see pedestrians rely on crosswalks, but the reality is that crossing the street without a crosswalk, also known as jaywalking, is quite a common occurrence in NYC. More recently, the rules on jaywalking underwent a serious reform in New York, and as your car accident lawyer in Manhattan, we will explain how the law works and how jaywalking can still influence your accident compensation claim.
Is Jaywalking Illegal in New York?
For the longest time, jaywalking was considered a violation of traffic rules in New York and carried a penalty of up to $250. However, the enforcement of this rule was quite unpopular among citizens and police officers.
While police officers have expressed that they would much rather spend their time on real safety concerns, conversely, the NYPD has been criticized by the public for the selective implementation of jaywalking rules, with reports finding that the police stopped Black and Hispanic pedestrians far more than white citizens.
That being the case, the law has since evolved, and lawmakers took the stance that penalizing the residents for crossing the street and going about their day is outdated and unnecessary, and since April 2024, jaywalking is no longer illegal in New York.
Do jaywalkers have the right of way?
No, jaywalkers do not have the right-of-way. Even though jaywalking is no longer subject to fines and penalties, pedestrians crossing the street outside of marked crosswalks must still yield the right of way to the vehicles. However, drivers must still comply with the general duty of care to drive in a manner that ensures the safety of pedestrians and other drivers.
How can jaywalking impact my accident compensation claim?
In New York, the existence of the pure comparative negligence rule allows the fault of an accident to be divided among multiple parties. When the fault is divided between the parties involved, any compensation they may receive following the accident will be reduced to reflect the fault of the party.
When a pedestrian meets with an accident while they are jaywalking, depending on the circumstances, it is possible that they may be considered partially at fault for the accident, especially since pedestrians do not have the right of way when jaywalking.
For example, A has met with an accident while they were jaywalking and is now claiming $100,000 in damages. However, the accident investigation finds that they are 30% to blame for the accident. With the application of the pure comparative negligence rule, A’s compensation will be reduced by 30%, meaning they only walk away with $70,000.
Conclusion
It’s fair to say that jaywalking is a part of everyday life for many New Yorkers, and since April 2024, it is no longer considered a traffic violation and is not subject to fines. However, should you meet with an accident, there is the possibility that jaywalking can negatively impact your compensation claim.
To know more about your rights and liabilities connected to pedestrian and car accidents, contacting a car accident lawyer in Brooklyn is a must. If you’re looking for a lawyer with the right skills and expertise to handle your case and get you the compensation you deserve, then Gabriel Law is the personal injury law firm in NYC for you. Contact us to schedule a free consultation and receive an unparalleled legal service from lawyers that truly care about your well-being.
