Craig D. Rosenbaum | June 11, 2026 | Pedestrian Accidents
Many people assume pedestrians always have the right of way in New York, but that is not always the case. New York’s Vehicle and Traffic Law (VTL) sets rules that both pedestrians and drivers must follow. If either party violates those rules, they may be held responsible for a pedestrian accident that results.
If you’ve been injured while walking in New York, understanding these laws is an important part of building a successful personal injury claim. Here’s an overview of how New York’s pedestrian laws work and what they could mean for your personal injury claim.
When Pedestrians Have the Right of Way
New York law does give pedestrians the right of way in a number of situations, but not all of them.
Under the VTL, pedestrians are protected in the following circumstances:
- When crossing within a marked or unmarked crosswalk at an intersection where no traffic signals are in place or operating, drivers must yield (VTL §1151)
- When walking on a sidewalk that a vehicle needs to cross in order to enter or exit a driveway, alley, or parking lot (VTL §1151-A)
- When following a pedestrian walk signal at a signaled intersection (VTL §1150)
In addition, under VTL §1146, every driver in New York has a general duty to exercise due care to avoid hitting a pedestrian on any roadway. This applies regardless of who technically has the right of way at the time.
Rules Pedestrians Are Expected to Follow
Pedestrians also have legal obligations under New York law. Failing to follow these rules won’t necessarily prevent you from recovering compensation after an accident, but it could affect how much you’re able to recover.
Some of the key rules include:
- Pedestrians crossing outside of a marked crosswalk must yield the right of way to all vehicles on the roadway (VTL §1152)
- Pedestrians cannot suddenly step off the curb into the path of a vehicle that is too close to stop safely (VTL §1151)
- Diagonal crossing at intersections is not allowed unless specifically authorized by traffic-control devices (VTL §1152)
- Where sidewalks are available, pedestrians are expected to use them rather than walking in the road (VTL §1156)
- Pedestrians are prohibited from standing in the roadway to solicit rides, sell goods, or ask for money (VTL §1157)
Violating any of these rules does not automatically make a pedestrian at fault in an accident. However, the other side may try to use it as evidence against you.
How Comparative Negligence Could Affect Your Claim
New York follows a pure comparative negligence rule. This means that even if you were partially at fault for an accident, you can still recover compensation. The catch is that your total award will be reduced by whatever percentage of fault is assigned to you.
For example, if you crossed outside of a crosswalk and were hit by a speeding driver, a jury might find you 15% at fault. In that scenario, you would still be able to recover 85% of your total damages. This is a much more forgiving standard than what you’d find in some other states, where any fault on your part could bar you from recovering anything at all.
Having compelling evidence on your side is still critical with this shared fault framework in mind. Photos from the scene, witness statements, surveillance footage, and police reports can all play a role in how fault is ultimately divided in your personal injury case.
Contact the New York City Pedestrian Accident Lawyer at Rosenbaum Meier Personal Injury Lawyers for Help Today
Pedestrian accidents involving motor vehicles often result in severe injuries and significant financial losses. If you were hurt in a pedestrian accident in New York, understanding your legal rights is an important first step toward protecting your future.
For more information, contact an experienced pedestrian accident lawyer at Rosenbaum Meier Personal Injury Lawyers to schedule a free consultation today. Because the firm works on a contingency fee basis, you pay no attorney’s fees unless compensation is recovered on your behalf.
We have three convenient locations around Manhattan, NY, near you in New York City, The Bronx, and Brooklyn.
Rosenbaum Meier Personal Injury Lawyers – New York City Office
100 Wall St 24th Floor, New York, NY 10005
(212) 514-5007
Rosenbaum Meier Personal Injury Lawyers – Bronx Office
1578 Williamsbridge Rd suite 3b, Bronx, NY 10461
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Rosenbaum Meier Personal Injury Lawyers – Brooklyn Office
32 Court St #704, Brooklyn, NY 11201
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