New York Pedestrian Accidents

A pedestrian accident occurs when a person on foot is struck by a vehicle, bicycle, or other moving object. It generally involves a collision between a pedestrian and a motor vehicle, such as a car, truck, or motorcycle. Unfortunately, deaths from pedestrian accidents involving motor vehicles has nearly doubled since 2009. 

Injuries from pedestrian accidents can range from minor scrapes to serious, life-threatening conditions. Legal liability for the accident may depend on factors like the location of the accident, what traffic laws were broken, and the actions of both the pedestrian and drivers involved.

Are Pedestrian Accidents Covered Under Personal Injury Law?

Yes, pedestrian accidents are covered under personal injury law. When a pedestrian is injured due to the negligence or reckless behavior of a driver, they may be entitled to compensation for medical expenses, lost wages, and other damages. Personal injury law addresses these cases by determining who is at fault and the extent of their liability. 

For example, under New York Vehicle and Traffic Law §1146, a driver must exercise due care to avoid colliding with a pedestrian a driver violates. If they violate that provision by colliding with a pedestrian they can be held legally liable for the pedestrian’s injuries. Pedestrians can also share liability for an accident if they acted carelessly, such as crossing outside a crosswalk. New York Vehicle and Traffic Law §1150 requires pedestrians to abide by traffic control signals, and if they don’t can face liability even when injured.

How Common Are Pedestrian Accidents?

Pedestrian accidents are unfortunately common, especially in urban areas. According to the National Highway Traffic Safety Administration (NHTSA), thousands of pedestrians are injured or killed each year in traffic-related incidents. The number of fatalities and injuries has risen in recent years, with distracted driving and increased foot traffic cited as contributing factors. 

Pedestrian accidents represent a significant portion of all traffic accidents, with fatalities accounting for over 18% of total traffic deaths (in the United States. Although safety measures like crosswalks and traffic signals exist, pedestrian accidents still occur at alarming rates due to factors like driver inattention, speeding, and poor visibility.

What Types of Vehicles Are Involved in Pedestrian Accidents?

Pedestrian accidents can involve a wide range of vehicles. Most commonly, these accidents involve passenger cars, which are frequently driven in urban areas where pedestrian traffic is high. Larger vehicles, like trucks, buses, and SUVs, are also involved in many accidents, and they tend to cause more severe injuries due to their size and weight. 

Bicycles and motorcycles are less common but can still be involved in pedestrian accidents, especially in areas with bike lanes or shared paths. Between 2007-2021 the most common vehicle involved in accidents with bicycles was the Chevy Silverado, followed by the Ford F-150 and the Dodge Ram. In recent years, e-scooters and electric bikes have also been implicated in pedestrian collisions, particularly in busy urban areas with high foot traffic.

Where Do Most Pedestrian Accidents Occur?

Most pedestrian accidents occur in urban areas, where foot traffic and vehicular traffic frequently intersect. These accidents commonly happen at intersections, particularly when drivers fail to yield to pedestrians in crosswalks. In 2022, the NHTSA found that pedestrian deaths from accidents happened 84% of the time in urban areas, 24% of the time on open roads, and 74% of the time in dark or low-light conditions.

Pedestrian accidents can occur on sidewalks, in parking lots, and even in residential areas. Streets with poor lighting, high speeds, or complex traffic patterns are particularly prone to accidents. Outside of cities, pedestrian accidents often occur near highways and major roadways where pedestrian crossings are limited. The highest occurrence of pedestrian deaths occurred on Fridays, followed by Saturdays .