Most people think drivers are always at fault when pedestrians get hurt. That’s not always true. Pedestrians can cause accidents too, and when they do, they might face serious consequences.
New York City sees thousands of pedestrian accidents every year. In 2023, the city recorded 105 pedestrian deaths and 9,034 injuries. Brooklyn alone had 26 deaths and 3,005 crashes involving people on foot. While drivers need to watch out for pedestrians, people walking also have to follow traffic rules.
When a pedestrian causes a crash, figuring out who pays for what gets complicated. Understanding how fault works can help everyone stay safer and know their rights.
How Pedestrians Can Cause Accidents
Both drivers and pedestrians must act carefully to prevent accidents. Drivers can’t hit pedestrians just because they have a green light. But pedestrians also have responsibilities under the law.
Here are common ways pedestrians cause accidents:
- Jaywalking or crossing outside marked crosswalks
- Ignoring pedestrian signals and walk signs
- Running or darting into traffic without looking
- Walking on highways or areas where pedestrians aren’t allowed
- Texting while crossing streets or walking near traffic
- Walking drunk or high on drugs
- Not paying attention in parking lots and garages
- Suddenly stepping into traffic to catch a bus
When pedestrians break these rules, they can be held responsible for damages. How much they pay depends on how much fault they share for causing the crash.
Understanding New York’s Fault Laws
At-Fault State Rules
New York is an at-fault state for personal injury cases. This means whoever causes an accident pays for the damages. If a pedestrian causes a crash, they can be sued for the harm they caused.
Shared Fault and Comparative Negligence
New York follows what lawyers call “pure comparative negligence.” This system lets people recover money even when they share some blame for an accident. The key is that your compensation gets reduced by your percentage of fault.
Here’s how it works. Say a pedestrian was texting and walked into traffic, but the driver was also speeding. A jury might decide the pedestrian was 60% at fault and the driver was 40% at fault. If the total damages are $100,000, the pedestrian could only recover $40,000 (the 40% the driver was responsible for).
The only time you can’t recover anything is if you’re 100% at fault. As long as the other person shares even 1% of the blame, you can still get compensation for that portion.
This rule applies whether you’re the pedestrian or the driver. If a pedestrian causes a crash and the driver gets hurt, the driver can sue the pedestrian for damages.
Proving a Pedestrian Caused the Accident
Showing that a pedestrian caused a crash takes solid evidence. You can’t just say it happened. You need proof that holds up in court.
Types of Evidence That Matter
The best evidence for these cases includes:
- Eyewitness statements: People who saw the accident can explain what the pedestrian did wrong. Their testimony matters more when multiple witnesses tell the same story.
- Video footage: Traffic cameras and security cameras from nearby buildings often capture accidents. This evidence is hard to argue against because it shows exactly what happened.
- Physical evidence: Skid marks, debris location, and damage patterns tell a story about how the crash occurred. Accident experts can read these clues.
- Cell phone records: If the pedestrian was texting or on a call when the accident happened, phone records prove they were distracted.
- Expert testimony: Accident reconstruction specialists can recreate what happened using math, physics, and their training. They can show how the pedestrian’s actions caused the crash.
Meeting the Burden of Proof
In personal injury cases, you must prove your case by a “preponderance of the evidence.” This means showing it’s more likely than not that the pedestrian caused the accident. Think of it as proving there’s a 51% or greater chance your version of events is true.
This standard is easier to meet than “beyond a reasonable doubt,” which is used in criminal cases. But you still need strong evidence to convince a judge or jury.
What Damages Can Be Recovered
When someone gets hurt in a pedestrian accident, they can seek compensation for their losses. New York law divides these damages into two main types.
Economic Damages
These are losses you can put a dollar amount on:
- Medical bills from emergency rooms, hospitals, and doctors
- Future medical costs for ongoing treatment
- Lost wages from missing work
- Reduced earning capacity if you can’t do your old job
- Out-of-pocket expenses like transportation to medical appointments
- Costs for rehabilitation and physical therapy
Non-Economic Damages
These losses are harder to measure but just as real:
- Pain and suffering from your injuries
- Emotional distress and mental anguish
- Scarring and permanent disfigurement
- Physical disabilities and impairments
- Lost quality of life
- Loss of enjoyment in activities you used to love
The value of your case depends on how badly you’re hurt, how much fault you share, and how well you document everything. Keep all medical records, bills, and receipts. Take photos of your injuries as they heal. Write down how the injuries affect your daily life.
Financial Consequences for At-Fault Pedestrians
When a pedestrian causes an accident, they face real financial problems. Unlike drivers, most pedestrians don’t carry liability insurance to cover accidents they cause.
Who Pays When Pedestrians Are at Fault
Pedestrians might be responsible for:
- The driver’s medical bills and hospital costs
- Property damage to the vehicle
- Injuries to passengers in the car
- Injuries to other pedestrians involved in the crash
- Lost wages if the driver can’t work
Insurance Coverage Options
Most pedestrians don’t have insurance specifically for accidents they cause. But some policies might help:
- Homeowner’s insurance: Many homeowner policies include personal liability coverage. This might pay if you cause an accident as a pedestrian.
- Renter’s insurance: Like homeowner policies, these often include liability coverage that could apply.
- Personal liability umbrella policies: People with extra liability insurance might have coverage for pedestrian accidents they cause.
If no insurance applies, the pedestrian must pay out of pocket. This can lead to lawsuits, wage garnishment, and serious financial trouble.
What Drivers Should Do After These Accidents
If a pedestrian causes a crash that injures you, handle it like any other accident. Don’t let anyone convince you to skip important steps.
Immediate Actions at the Scene
- Call 911 right away, even if the pedestrian says they’re fine
- Don’t move your vehicle unless it’s blocking traffic and unsafe
- Take photos of the scene, including where the pedestrian was and any damage
- Get the pedestrian’s name and contact information
- Look for witnesses and get their phone numbers
- Don’t admit fault or apologize, even if you feel bad
Gathering Evidence
Strong evidence makes or breaks these cases:
- Ask the police to write a detailed report
- Point out any traffic cameras or security cameras nearby
- Write down exactly what you remember while it’s fresh
- Note what the pedestrian was doing before the crash
- Take photos of any injuries you have
Dealing with Insurance
Tell your insurance company about the accident right away. But be careful what you say. Insurance adjusters might try to blame you even when the pedestrian was at fault.
Don’t give a recorded statement to any insurance company without talking to a lawyer first. What you say can be twisted and used against you later.
How Negligence Laws Apply to Different States
While this article focuses on New York, other states handle pedestrian accidents differently. Understanding these differences matters if you travel or have family elsewhere.
Comparative Negligence States
Most states, like New York, use some form of comparative negligence. But the rules vary:
- Pure comparative negligence: You can recover damages no matter how much fault you share. Your compensation just gets reduced by your percentage of fault. New York uses this system.
- Modified comparative negligence: You can only recover if you’re less than 50% or 51% at fault (depending on the state). If you’re 50% or more responsible, you get nothing.
Contributory Negligence States
A few states still use old contributory negligence rules. In these places, if you’re even 1% at fault, you can’t recover anything. These harsh rules make it much harder for injured people to get compensation.
When to Get Legal Help
These cases get complicated fast. The insurance companies will have lawyers working to pay as little as possible. You need someone on your side who knows how these cases work.
What a Lawyer Does
A good pedestrian accident lawyer will:
- Investigate what really happened
- Find and preserve evidence before it disappears
- Talk to witnesses and get their statements
- Work with accident experts to prove your case
- Calculate the full value of your damages
- Deal with insurance companies so you don’t have to
- Fight for fair compensation in court if needed
Why Experience Matters
Pedestrian accident cases where the pedestrian is at fault are rare. Most lawyers handle the usual cases where drivers hit pedestrians. You need someone who understands both sides and knows how to prove fault when the pedestrian caused the problem.
Lawyers who have handled these cases before know what evidence matters most. They understand how juries think about pedestrian accidents. They’ve dealt with the arguments insurance companies make to avoid paying.
The Cost of Waiting
Evidence disappears quickly after accidents. Security camera footage gets deleted. Witnesses forget details or move away. Physical evidence at the scene gets cleaned up or changed.
The sooner you get a lawyer involved, the better your chances of building a strong case. Most personal injury lawyers offer free consultations, so talking to one costs you nothing.
Protecting Your Rights After a Pedestrian-Caused Accident
Getting hurt when a pedestrian causes an accident is frustrating. You followed the rules, but you’re the one dealing with injuries, medical bills, and time off work.
Don’t let anyone make you feel like you can’t hold a pedestrian accountable. If someone breaks the rules and hurts you, they should pay for the damage they caused. That’s true whether they were driving, walking, or riding a bike.
New York’s laws protect people who get hurt through no fault of their own. Even if you share a small amount of blame, you can still recover compensation for most of your losses.
The key is acting fast, gathering evidence, and getting experienced help. Poltielov Law Firm has helped many people in pedestrian accident cases throughout New York City. We understand how these cases work and what it takes to prove fault when a pedestrian causes a crash.
If you’ve been hurt in an accident involving a pedestrian, don’t wait to protect your rights. Call us at 718-880-2911 for a free consultation. We’ll review your case, explain your options, and help you decide on the best way forward. You don’t pay anything unless we recover compensation for you.