Hit By a Car While Jaywalking: What Are My Options?

New York Pedestrian Accident Lawyer Explains

Video Transcript:

Rob Rosenthal:

If a pedestrian in New York City is jaywalking when they're struck and injured by a car, does that mean they don't have a case? Let's ask New York City lawyer Ron Landau for an Ask the Lawyers Quick Question.

Ron Landau:

The car traveling down the street does have the right of way, so it is the pedestrian's obligation to make sure that it's clear to cross the street before crossing. Now, frequently what happens is that a pedestrian will be crossing mid-block and see a car a half a block away stopped at a stop sign or a traffic light. And assume that they have ample time to get across the street. The problems take place when the car starts up from that stop position and accelerates quickly, but still at the time that the pedestrian was crossing, he believed that he had an ample time to get across the street, and in that circumstance, the pedestrian, rightfully so, would have a viable claim against that car, even though crossing midblock.

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