Struck While Jaywalking in the Bronx: Can I Still Sue?
If you were hit by a car while jaywalking in the Bronx, you might be wondering whether you can sue. The short answer is yes: jaywalking does not automatically prevent you from bringing a pedestrian accident claim in New York. The specific circumstances of the crash always matter for determining liability. Discuss your unique situation in more detail by contacting Cohan Law, PLLC today. Our Bronx pedestrian accident attorney will review your collision, explain your rights, and help you take action to get justice and the maximum available financial compensation.
Jaywalking Is Legal in New York City
In 2024, New York City officially legalized jaywalking, eliminating the $250 fine that pedestrians normally faced for crossing outside marked crosswalks. There is nothing inherently illegal about crossing the road whenever you feel like it. However, you should know that jaywalking is still dangerous despite its legality in the Big Apple.
The change means that crossing outside a crosswalk or against a pedestrian signal is no longer a violation of the New York City Administrative Code and can no longer be the basis for a summons under that local rule. It does not mean every mid-block crossing is safe, and it does not prevent insurance companies from arguing that a pedestrian made an unsafe decision.
Drivers Still Owe Pedestrians a Duty of Due Care
Even when a pedestrian is crossing outside a marked crosswalk, the driver does not get a free pass. New York Vehicle and Traffic Law § 1146 requires every driver to exercise due care to avoid colliding with any pedestrian, bicyclist, or domestic animal on the roadway and to give warning by sounding the horn when necessary. That duty applies regardless of whether the pedestrian was inside a crosswalk.
This is one of the most important legal points in a Bronx jaywalking injury case. A driver may still be negligent if they were speeding, distracted, impaired, looking at a phone, failing to keep a proper lookout, or driving too fast for conditions. On busy Bronx corridors such as the Grand Concourse, Fordham Road, Jerome Avenue, White Plains Road, Bruckner Boulevard, and East Tremont Avenue, drivers must anticipate pedestrians and operate with reasonable care.
Jaywalking Can Reduce Your Total Compensation in a Pedestrian Accident Claim
Although it might be legal, courts still consider jaywalking when approaching personal injury lawsuits. Specifically, civil courts treat jaywalking as a form of negligence. New York follows a “pure comparative negligence” doctrine, which means your decision to jaywalk never truly prevents you from suing another party (such as the driver who struck you). However, your decision to jaywalk may nonetheless reduce your total compensation.
New York’s comparative negligence rule is codified in CPLR § 1411. Under that statute, a plaintiff’s contributory negligence or assumption of risk does not bar recovery, but the damages are reduced in proportion to the plaintiff’s share of fault. In plain English, you can still bring a claim even if the insurance company argues that you crossed in the wrong place.
In a comparative negligence state like New York, the degree to which you contributed to your own injuries reduces your total compensation. For example, a court might determine that you were 75 percent to blame for your own injuries because you decided to jaywalk. This would lead to a 75 percent reduction of your normal compensation.
Suppose your total damages are worth $1 million. In this situation, you would receive a maximum of $250,000. Although a 75 percent reduction might seem like a considerable “loss,” it still makes sense to pursue as much financial support as possible. It is particularly true if you have suffered life-altering injuries, such as a traumatic brain injury or paralysis.
What Evidence Can Reduce the Pedestrian’s Share of Fault?
Insurance companies often try to treat jaywalking as the whole story. It rarely is. Evidence may show that the driver had enough time to see and avoid the pedestrian, was traveling too fast for traffic conditions, ignored poor visibility, failed to brake, failed to sound the horn, or was distracted at the moment of impact.
How Long Do You Have to File a Bronx Pedestrian Accident Lawsuit?
In New York, the general statute of limitations for a personal injury lawsuit is three years under CPLR § 214. That deadline can expire faster than many victims expect, especially when medical treatment, insurance claims, and investigation are still ongoing. Some cases have shorter deadlines. For example, if a claim may involve a City-owned vehicle, roadway defect, public authority, or other municipal defendant, a notice of claim may be required within 90 days.
Key Takeaways
- New York City officially legalized jaywalking in 2024
- You are still required to yield to vehicles when jaywalking
- Your compensation could be reduced if it becomes clear you were jaywalking
- Drivers still owe pedestrians a duty of due care under VTL § 1146
- New York’s pure comparative negligence rule allows recovery even when the pedestrian was partly at fault
- Even a pedestrian found 75 percent at fault may still recover meaningful compensation in a severe injury case
Can a Pedestrian Accident Attorney in the Bronx Help Me?
A pedestrian accident attorney in the Bronx may be able to guide you toward the compensation you deserve, even if you were jaywalking at the time of your accident. Even if you only recover a small percentage of your total compensation under New York’s pure comparative negligence system, every cent counts when you’re facing life-altering injuries. Curious about the next steps? Contact Cohan Law, PLLC to discuss the specifics of your accident during a free-of-charge consultation. We represent injured pedestrians in the Bronx and throughout all of New York City.
Sources:
- theguardian.com/us-news/2024/oct/29/new-york-jaywalking-legal
- rules.cityofnewyork.us/rule/jaywalking/
- edition.cnn.com/travel/jaywalking-legalized-new-york-city