Pedestrians have the right of way when they are legally crossing a street in New York. So who would be at fault if a car hits a pedestrian? There are some laws in New York State that are very clear when it comes to a car hitting a pedestrian. Who would be at-fault in this sort of situation? It helps to take a look at how New York State and New York City laws would apply.
In the state of New York, the driver of the vehicle who hits a pedestrian is responsible for paying the pedestrian’s medical bills and lost wages.. This is why all New York City drivers are required to carry No Fault benefits with their auto insurance. These are the benefits that automatically kick in to pay for the pedestrian’s medical bills and lost wages.
What happens if the driver has no insurance or leaves the scene? Both driving without insurance and leaving the scene of an accident are illegal in New York City. There are situations where there is no insurance to cover the pedestrian’s injuries and lost income. So, The New York Motor Vehicle Accident Indemnification Corporation takes over and pays the bills. This is a fund run by the state and funded by insurance companies.
New York City has an anti-jaywalking law on the books that makes it illegal for pedestrians to cross streets anywhere but at a designated crosswalk. At the same time, even in the case of a jaywalking pedestrian, drivers must see what is there to be seen.
If you are involved in a vehicle-pedestrian accident, do not hesitate to contact our firm for help. There can sometimes be gray area in these situations. Our experienced pedestrian lawyers can help.