Protecting Yourself as a Pedestrian

As New Yorkers, we’re no strangers to getting around the city without a car. We’re more likely to use public transportation or walk as part of our daily lives. So when MTA announces a “doomsday scenario” for service and job cuts, it’s going to affect all of us.

I’ve noticed a recent rise in pedestrian-related accidents and it concerns me because our new COVID way of life puts more people on sidewalks and more people in the street. We just recently lost a respected senior citizen in the Bronx community, Raul Irizzary, struck by a cargo van. Raul was killed in a crosswalk during a deadly 48 hours where another pedestrian was also killed.

Elsewhere in the Bronx, shop owners point to problems like vendors taking over sidewalks, leaving garbage, and no city enforcement. Pedestrians are getting crowded off the sidewalks which is likely to lead to more pedestrian and vehicle accidents.

In pedestrian-vehicle cases, the liability of an accident is typically on the driver, not the pedestrian. Drivers are expected to keep both eyes on the road and watch for hazards, especially people. However, if you as a pedestrian try to “beat traffic” or cross traffic at an unsafe venue, the accident could be determined to be your fault.

Here’s how to protect yourself as a pedestrian:

• Cross at crosswalks: While it’s not always possible, being where cars expect you is probably the single biggest thing you can do to keep yourself safe.
• Keep an eye out for speeding vehicles: Research shows that survivability of an accident plummets sharply above 35 miles per hour. In fact, this AAA sponsored research is part of the reason that New York City dropped its minimum speed limit to 25 miles per hour.
• Be visible: Try to wear bright colored clothing, or even take a page out of a bicyclist’s book and wear reflectors, especially if you know you’ll be walking at night.

Can the City Be Held Liable?
In some cases, the city can be partially responsible for accidents. Situations where the city can be held liable are inoperative traffic lights, inadequate visibility, poorly placed crosswalks, reputed accidents at the same dangerous place, and more.

In a time where the city is taking away sidewalk real estate and parking to help businesses during COVID, this means that the safety of New Yorkers could be more at risk than ever.

What To Do If You’re Hit By a Vehicle as a Pedestrian?
If you’re hit by a vehicle, your most important duty is to get medical help. If you took any strike to the body you should immediately see a medic. You will likely feel pain, but even if you don’t you need to be checked to make sure there are no injuries.

At the scene of the accident, try to get someone nearby to help you. Request an ambulance and also ask them to help get the name and information of the driver and witness, as well as ask them to take photos for you. Get the good samaritan’s contact information so you can get access to the information you need for legal action if needed.

After an injury, it can seem less complicated to handle it yourself, but it’s really the best time to get an attorney. The injuries from getting struck by a car or bike as a pedestrian are more likely to be serious and more likely to be long-lasting. Getting an attorney to make sure you’re protecting your rights is important so you can focus on recovery while we handle the rest.