With a city filled with impatient foot traffic like New York, you are bound to see people try to cross the road where there are no crosswalks. This is called jaywalking, and it is a common sight in the streets of New York. But what would happen if you met with a pedestrian accident while jaywalking? Could you still claim compensation for your injuries? That’s what we’re here to find out.
In this post, the team at the Law Office of Eli Schmulik will be taking on the role of a New York pedestrian accident lawyer and elaborating on what jaywalking means, how New York law addresses jaywalking, and how it may impact your compensation in a personal injury case.
What is jaywalking?
Jaywalking is the term used to describe the act of a pedestrian illegally crossing the street. The term generally covers
- A person crossing the street in the absence of a crosswalk
- A person walking against a “Don’t walk” signal
- A person disregarding traffic signs and not yielding to oncoming traffic
While jaywalking may seem like a minor issue, doing so in a city as busy as New York puts you and others at risk. Therefore, to ensure your safety and the safety of others, make it a point to follow traffic signals and cross the street on crosswalks.
Does New York law consider jaywalking as a crime?
The New York traffic code does not specifically use the term ‘jaywalking.’ Although it was not considered a criminal offense, you were still fined around $250 if you were caught doing so. But even when jaywalking was subject to a fine, there was hardly any law enforcement agency actively enforcing the rules.
However, following a recent revision of the DOT rules, the fine for jaywalking was scrapped. This essentially makes jaywalking legal in the streets of New York. While we understand that jaywalking is now legal, we emphasize the need to exercise utmost caution when doing so and recommend you avoid jaywalking whenever possible.
How does jaywalking impact your compensation in a personal injury claim?
In the unfortunate event you’ve met with a pedestrian accident, you can breathe a sigh of relief knowing that your medical expenses and lost wages may be covered under New York’s no-fault insurance. However, when you choose to jaywalk, you are perceived to have undertaken a risk, and an investigation may assign you some fault as a result. As a result of the fault that has been assigned to you, your compensation may be reduced due to the application of New York’s pure comparative negligence.
When comparative negligence rears its head, claiming compensation can get tricky. Therefore, at this crucial juncture in the road to claiming fair and reasonable compensation, it is highly advisable to call upon the services of an experienced New York slip and fall lawyer.
Conclusion
In the busy streets of New York, you’re probably going to see a few people jaywalking. While not illegal, engaging in jaywalking can put you in a precarious legal position, particularly in the unfortunate event you meet with a pedestrian accident in the process.
While we advise that you not jaywalk whenever possible, in the event that you do, if you want to gain a better understanding about your legal rights and your potential to seek compensation in the event of an accident, we recommend you contact an experienced Manhattan pedestrian accident lawyer at the Law Office of Eli Schmulik. Contact us today to schedule your free consultation.