Yes, you can sue if you were hit by a vehicle while walking across a street within a crosswalk in Westchester County. New York law allows injured pedestrians to pursue compensation when a driver’s negligence causes a crash. In many cases, a person who was hit by a car in a crosswalk may have a strong claim because drivers are required to yield the right of way to pedestrians in a crosswalk. If you or a loved one were struck while crossing the street, a Westchester County pedestrian accident lawyer can investigate what happened, identify who may be responsible, and guide you through the process of pursuing compensation.
How Common Is It in Westchester That Pedestrians Are Hit While Using Crosswalks?
Pedestrian accidents in crosswalks happen more often in Westchester County than many people realize. Even when someone follows traffic signals and uses a marked crosswalk, a distracted or speeding driver can still cause a serious collision. Some of the more dangerous roads and intersections in Westchester County, such as Central Avenue in White Plains and South Broadway and Central Park Avenue in Yonkers, pose greater risks to pedestrians.
News 12 reported a recent incident in which a pedestrian was struck by a vehicle at a Greenburgh intersection and left in critical condition. Situations like this show how quickly a routine walk across the street can turn into a life-threatening event.
Who in Westchester County Is Most At Risk of Being Hit in a Crosswalk?
Anyone using a crosswalk in Westchester County can be struck by a vehicle, but some groups of pedestrians face higher risks because they spend more time walking near busy roads and intersections.
Those most commonly involved in crosswalk accidents include:
- Students and schoolchildren traveling to and from school
- Public transit users
- Seniors and older adults
- Commuters and workers
- Shoppers and visitors
These pedestrians often rely on crosswalks to travel safely, but heavy traffic, distracted driving, and limited visibility can still create dangerous conditions. When a pedestrian is hit in a crosswalk, the resulting injuries are often severe because pedestrians have little protection against the force of a vehicle.
Who Is Liable When a Pedestrian Is Hit in a Crosswalk in Westchester County?
Liability in a crosswalk accident often begins with the driver who struck the pedestrian, but other parties may also share responsibility depending on what caused the crash.
When a pedestrian is hit in a crosswalk, there could be several liable parties. First and foremost, the driver who struck the pedestrian would be liable. However, other parties may also be uncovered in an investigation, such as the municipality—whether the city or state—if they failed to put up proper signage or if there was an issue with a traffic light that they were responsible for. The pedestrian themselves could also be found partially liable if, for example, they were crossing against the light or not using the crosswalk. In such cases, a jury may determine the pedestrian’s level of fault. While the pedestrian can still recover compensation for the accident, it will be reduced by the percentage of fault assigned to them.
Because multiple factors can contribute to a pedestrian accident, determining liability often requires a careful review of traffic signals, roadway conditions, witness statements, and other evidence.
Can You Still Recover Compensation If You Were Partly at Fault for a Crosswalk Accident in New York?
Yes. In New York, you may still be able to recover compensation even if you were partly responsible for the accident. The state follows a pure comparative negligence rule, meaning if a pedestrian and a driver both contributed to the collision (for example, if the pedestrian darts into the crosswalk), a jury can assign a percentage of fault to each party.
In New York, contributory negligence is an important legal standard that allows you to recover damages even if you were slightly at fault for your own accident. For example, if you were crossing the street outside of the crosswalk in the middle of the roadway at night and it was difficult for you to be seen, but the driver still had the opportunity to avoid the collision and see you, a jury could find that both you and the driver were negligent. In such cases, you could still recover for your injuries.
For example, if a pedestrian is found to be 20% responsible for a crash and their damages total $100,000, they may still recover $80,000.
$12 Million Recovered for a Pedestrian Hit by a Bus in a Crosswalk
Pedestrian accidents in crosswalks can lead to catastrophic consequences, which is why these cases require careful investigation and experienced legal advocacy.
In one case, we represented the family of a pedestrian who was struck by a bus while walking in a crosswalk. The collision caused catastrophic injuries, and the victim sadly passed away two weeks later. Our firm pursued a claim on behalf of the surviving family and secured $12 million in compensation. The settlement, the specific terms of which remain confidential, was one of the largest personal injury settlements in New York in 2020. The case was also resolved at an early stage, allowing the family to obtain financial recovery and a measure of closure without having to relive the tragedy through a prolonged court battle.
$1.55 Million Recovered for a Pedestrian Hit by a Car in a Crosswalk
Pedestrians who are struck by vehicles in crosswalks often face serious injuries that require extensive medical care and long recovery periods. In many cases, these injuries can affect a person’s ability to work and carry out everyday activities.
Our firm represented another client who was hit by a car while walking in a crosswalk in New York City, resulting in significant injuries to her lower back and left ankle. The court granted the firm’s motion, finding that the defendant driver was entirely at fault for the accident. Despite this ruling, the defense continued to dispute the seriousness of the injuries and argued that they were pre-existing. Through aggressive advocacy and careful case preparation, we ultimately secured $1.55 million in compensation for the client.
Injured as a Pedestrian in a Crosswalk in Westchester? Get a Free Consultation
If you or a loved one were hit by a car in a crosswalk in Westchester County, speaking with an attorney can help you understand your legal options and what compensation you may be entitled to pursue.
Lever & Ecker represents injured pedestrians and their families throughout Westchester County. Our award-winning New York lawyers bring more than 70 years of combined experience pursuing compensation for people whose lives were disrupted by serious collisions. We take personal injury cases personally, offer free consultations, and handle cases on a contingency fee basis, meaning there are no legal fees unless compensation is recovered.
To discuss your situation, call 914-288-9191 or 718-933-3632 or contact the firm online to schedule a free case evaluation.
