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Rules Protecting Pedestrians In Crosswalks.May 2, 2013
As experienced Buffalo personal injury lawyers, we have pursued several cases where pedestrians suffered terrible injuries because drivers ignored the laws protecting pedestrians in crosswalks. New York State has several rules for the use of crosswalks, and these rules can be important when determining if the driver of a car was negligent in causing a personal injury accident.
Where there are traffic control devices at a crosswalk – such as Walk/Don’t Walk signs or even a stop light – both pedestrians and drivers must obey these devices. As a result, a pedestrian crossing against the light, even if using a crosswalk, almost always will be at least partly responsible for the collision in a personal injury case. This may reduce the amount the injured person recovers in damages. If the pedestrian is found fully at fault for the accident because he or she crossed against the light, no damages can be recovered.
If there is no traffic control device at a crosswalk or one is present but not working, then the law requires drivers to yield the right of way to pedestrians using a crosswalk. Even if a pedestrian does have the right of way, however, he or she may not suddenly leave the curb and enter the crosswalk when a vehicle is so close that the driver could not be expected to yield. Stepping out into traffic in this fashion would be negligence on the part of the pedestrian.
If you have been struck by a car and have any questions, please feel free to call us at 716-400-0000 with any questions. Even if you are not sure you have a personal injury case, our initial consultation is free.