Do Pedestrians Always Have the Right of Way?

6In a city like Buffalo, where people walk alongside busy traffic every day, one question often comes up after someone is injured: Do pedestrians always have the right-of-way? Many assume the answer is yes, but New York law isn’t always so straightforward or widely understood. A collision in a crosswalk can lead to far more than physical injuries. The aftermath may include hospital stays, lost wages, ongoing care, emotional distress, and serious legal questions that deserve clear answers and focused support.

At O’Brien & Ford, we’ve worked closely with injured pedestrians and are here to help them move forward with clarity, support, and strong legal guidance.

Understanding Right of Way and Its Impact on Pedestrian Accident Claims

New York’s traffic laws assign the right-of-way depending on the circumstances. While many people assume pedestrians are always protected, the legal reality is more detailed. Drivers are required to yield to pedestrians in marked crosswalks, but pedestrians must also follow traffic signals and avoid walking into moving traffic without warning.

Identifying who had the right-of-way plays a key role in legal claims involving pedestrian accidents. It determines the potential fault and the possibility of recovering financial compensation. Understanding how these rules apply in everyday traffic situations is essential for safety and protecting your legal rights after a crash.

Do Pedestrians Always Have the Right of Way?

No, pedestrians do not always have the right of way. In New York, pedestrians are granted the right-of-way only when the pedestrian signal shows a steady “Walk” sign or person symbol. If a “Don’t Walk” sign or an upraised hand is steady or flashing, pedestrians are advised not to begin crossing.

As outlined in New York State pedestrian safety guidance, those who have already started crossing during a flashing “Don’t Walk” signal should continue to the other side, while those waiting should remain on the curb until the next walk cycle.

It’s essential that pedestrians and drivers alike obey traffic signals. Failure to do so can have serious legal and safety consequences, especially when establishing fault in a pedestrian accident.

Common Injuries in Pedestrian Accidents

The human body is vulnerable during a collision with a vehicle. Even at lower speeds, pedestrian injuries can be severe, life-changing, or fatal. Some of the most common include the following:

• Traumatic brain injuries (TBIs)
• Spinal cord injuries
• Broken bones and fractures
• Internal bleeding or organ damage
• Severe lacerations and road rash

Long-term rehabilitation, surgeries, and emotional trauma often follow these injuries. For many victims, the road to recovery is long and expensive.

Determining Liability in a Pedestrian Accident Claim

In these cases, liability is often contested. Drivers may claim the pedestrian was distracted or crossed against the signal. Pedestrians may allege the driver was speeding, distracted, or intoxicated. The facts matter.

According to the most recent data gathered by the CDC:

• Higher vehicle speeds increase both the likelihood of striking a pedestrian and the severity of injury.
• 60% of pedestrian deaths occurred on high-capacity urban roads with speed limits between 45-55 mph.
• SUVs pose higher risks in pedestrian crashes due to their size and impact force.
• Alcohol was involved in nearly half of fatal pedestrian crashes, with 18% involving drivers over the legal BAC limit.

Each incident has its own set of facts. Liability may rest with the driver, the pedestrian, or both. That’s why having detailed evidence, including police reports, witness accounts, and camera footage, is essential.

Types of Damages Pedestrian Accident Victims Can Recover

If you were injured in a pedestrian accident, you may be entitled to compensation for economic and non-economic damages under New York law, depending on the specific details of your case. These often include:

• Medical expenses, including surgeries, rehabilitation, and medication
• Lost income or earning capacity
• Pain and suffering
• Emotional distress
• Permanent disability or disfigurement
• Loss of enjoyment of life

Some victims may also seek punitive damages in cases of gross negligence, such as DUI-related crashes. Every situation is different, so a personalized legal evaluation is vital.

Contact a Pedestrian Accident Lawyer to Protect Your Rights

Being struck by a vehicle while walking in Buffalo or anywhere in Western New York can turn your life upside down. The road to recovery should be your top priority, not the stress of legal matters. Let us take on that burden. Our team is committed to ensuring your rights are safeguarded and your voice is represented.

Call O’Brien & Ford today at 716-222-2222 to speak directly with a team that’s ready to fight for your full recovery.

Chris O’Brien

Chris O’Brien is a nationally recognized personal injury attorney with over 30 years of experience fighting for accident victims in Western New York. A founding partner at O’Brien & Ford, he has helped recover millions for clients and built a reputation as a top trial lawyer and educator. Chris is a Diplomate of the National College of Advocacy, a member of the Million Dollar Advocates Forum, and was named one of Western New York’s Top Ten Lawyers by Buffalo Business First. He lives in Amherst with his family and their Bernedoodle, Moose.

Years of experience: 33 years
Practice areas: Personal Injury Law, Car Accidents
Location: Buffalo, New York