Every day, innocent pedestrians are struck and killed by vehicles—often in situations that could have been avoided. In 2022 alone, an estimated 7,500 pedestrians were killed in traffic crashes in the U.S., the highest number in four decades. That means a pedestrian dies roughly every 70 minutes due to a vehicle-related accident. Whether it’s a distracted driver, poor visibility, or a simple misstep, one wrong move can mean the difference between life and death. While drivers have a legal duty to watch for pedestrians, the reality is that the road can be a dangerous place. The good news? There are steps you can take to drastically reduce your risk of being hit. Here’s what you need to know to stay safe and avoid becoming another tragic statistic.
1. Always Use Designated Crosswalks
More than 70% of pedestrian fatalities occur outside of crosswalks. Marked crosswalks and pedestrian signals exist for a reason—use them. In New York, VTL § 1151 states that drivers must yield the right of way to pedestrians within marked crosswalks, but pedestrians must also not suddenly step into traffic when a vehicle is too close to stop safely.
2. Stay Visible, Especially at Night
Approximately 76% of pedestrian deaths occur at night, often because drivers fail to see people walking in poorly lit areas. New York VTL § 375(2)(a) requires drivers to use headlights from one-half an hour after sunset until one-half hour before sunrise as well as during precipitation events or when visibility conditions are poor. Pedestrians should also wear reflective clothing or carry a light when walking at night.
3. Never Assume a Driver Sees You
A significant number of pedestrian crashes involve distracted or speeding drivers. Even if you have the right of way, make eye contact with approaching drivers before stepping into the road. New York VTL § 1180 regulates speed limits, and drivers who exceed safe speeds in areas with heavy pedestrian traffic can be held liable for negligence.
4. Avoid Distractions While Walking
Just like distracted driving is dangerous, so is distracted walking. A study found that pedestrians who use their phones are four times more likely to ignore traffic signals or step into the street without looking. While New York law does not currently prohibit texting while walking, New York VTL § 1225-d makes it illegal for drivers to use a handheld device, meaning both pedestrians and drivers must be cautious.
5. Obey Traffic Signals and Walk at a Safe Pace
Pedestrians crossing against traffic lights or jaywalking account for 20% of pedestrian fatalities. Under New York VTL § 1150, pedestrians must obey all traffic control signals and walk signals at intersections. Pedestrians who cross roadways outside of marked crosswalks or unmarked crosswalks at intersections must yield the right of way to vehicles. Failing to do so could be dangerous and impact the ability to hold negligent drivers liable if an accident occurs.
6. Be Cautious in Parking Lots and Driveways
Not all pedestrian accidents happen on busy roads. In fact, more than 20% of pedestrian injuries occur in parking lots. Drivers backing out of spaces may fail to check their surroundings. While New York VTL § 1211 requires drivers to avoid backing up unsafely, pedestrians should also stay alert in parking areas.
7. Stay Sober While Walking
It’s not just drunk drivers that cause accidents—one-third of pedestrians killed in crashes had a blood alcohol content (BAC) above the legal driving limit. VTL § 1192 prohibits driving while impaired or intoxicated by drugs or alcohol, but impaired pedestrians are also at increased risk. If you’re walking under the influence, stick to well-lit areas and use extra caution when crossing streets.
Legal Rights of Pedestrians Injured by Vehicles
Even the most cautious pedestrians can still become victims of negligent drivers. If a driver violates New York traffic laws, such as failing to yield at a crosswalk (VTL § 1151) or speeding in a pedestrian-heavy area (VTL § 1180), they may be held liable for damages. If you or a loved one has been injured in a vehicular-pedestrian accident, you may have the right to seek compensation for pain and suffering, lost wages, medical bills, and other losses. Our experienced legal team can help you navigate the complexities of pedestrian injury claims and fight for the justice you deserve.
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