Most of us know the adage, “Pedestrians always have the right-of-way,” but it does not mean the pedestrian is always right. It just means that cars must yield to them. Pedestrians are not allowed to impede traffic. As a pedestrian, you only have the right-of-way within defined crosswalks when the lights say that you may walk. Knowing your rights as a pedestrian can help ensure your safety when crossing the street or sharing roadways where there are no sidewalks.

Jaywalking

In most states, jaywalking is illegal. However, it is rarely enforced in New York due to the very minor nature of the crime. Jaywalking is often unsafe and creates unnecessary risks for both drivers and pedestrians.

In the Crosswalk

Sometimes a driver does not yield right-of-way to a pedestrian in the crosswalk. If a driver does not stop at the red light, they are violating that exchange. A driver who is turning must also yield the right of way.

Pedestrian Rights While You are Driving

While driving, it is important to be aware of pedestrians who may step into the street. If a pedestrian does attempt to cross the street, do not wave them on. Be wary of other drivers before you stop to let a pedestrian walk. You may have stopped, but other drivers might not. Some may even attempt to drive around you, creating further safety risks to the pedestrian.

Walking Where There Are No Sidewalks

Many areas of New York and New Jersey have roads without sidewalks. If you are walking on a road where there are no sidewalks, and cannot walk along the side of the road, it is important to know how to keep yourself safe. First, wear light-colored or reflective clothing if possible. Walk on the side of the road that matches your direction of travel. Walk along the edge of the road, on the right-most side of the right-most lane.

Pedestrian Safety When Crossing

When crossing a street, do not look at your phone. Remove headphones or earbuds. Look both ways before crossing, and continue to do so as you make your way across.

Know Your Rights

If you or a loved one is injured during the accident as a pedestrian, consider looking towards legal counsel as the next step. Accidents with pedestrians can be more dangerous for the unprotected person walking, as they are more likely to suffer serious or even fatal injuries. Sometimes an injury occurs or is felt after the accident.
Do not meet with other parties involved in the accident without a lawyer present. Do not sign anything from another party or from that party’s lawyer without discussing it with your legal counsel first.