Content reviewed by:
Alex Shulman
If you were hit while crossing with the walk signal, you might be able to file a personal injury claim as the victim of the accident. You can take legal action even if the driver disputes responsibility.
At Shulman & Hill Injury Lawyers, we can represent you as your pedestrian accident lawyer in New York. As your legal counsel, we’ll look into the details of the incident, gather all relevant evidence, speak with insurance companies on your behalf, and advocate for a fair outcome in your case.
New York Law Gives Pedestrians Important Rights
New York Vehicle and Traffic Law § 1112 states that a pedestrian facing a steady WALK signal can proceed across the roadway in the direction of the signal, and traffic must give that pedestrian the right of way.
That doesn’t mean every pedestrian who had a WALK signal automatically wins a personal injury case. Shulman & Hill still needs to establish what happened, identify the responsible parties, and connect the driver’s conduct to the injuries.
Even so, having the walk signal can be a major piece of evidence in your favor. For example, here’s where a driver could have gone wrong:
- Turned across the crosswalk while you were legally crossing
- Failed to yield while entering an intersection
- Drove through a red light or ignored another traffic-control device
- Failed to see you because of distraction
- Drove too quickly for the conditions
- Failed to stop in time
- Made an unsafe turn into the crosswalk
- Failed to exercise reasonable care around pedestrians
New York law also addresses pedestrian right of way in crosswalks. Under Vehicle and Traffic Law § 1151, drivers must yield to pedestrians crossing within a crosswalk when traffic-control signals are not operating, subject to the circumstances described in the statute.
Your lawyer can examine the specific intersection, traffic signals, crosswalk markings, vehicle movements, and available evidence to determine how the law applies to your collision.
The Driver Could Be Responsible Even if They Disagree
After a pedestrian collision, you might hear a driver make the following claims:
- They had the right of way.
- They did not see you.
- You somehow caused the crash.
That does not settle the question of fault. Insurance companies also do not get to decide who was legally responsible simply because they say their policyholder was not at fault. A personal injury claim requires evidence. At Shulman & Hill, a lawyer can investigate the collision and look for evidence that supports your account. Specifically, they can investigate by:
- Obtaining the police report
- Examining photographs and video footage
- Reviewing witness statements
- Looking at traffic signal timing
- Examining the location of the collision
- Assessing the vehicle’s damage
Surveillance footage can be particularly important in pedestrian cases. Businesses, residential buildings, traffic cameras, and other nearby locations could have captured part of the collision or what happened immediately beforehand. That evidence can disappear with time.
A lawyer can also look at the driver’s actions before and during the collision. If the driver was speeding, distracted, impaired, failing to yield, or otherwise violating a traffic law, those facts could support a negligence claim.
Your Walk Signal Can Become Important Evidence
One of the frustrating parts of a pedestrian accident is that you know what happened, but proving it later can be harder than expected. You might remember having the WALK signal when you entered the crosswalk.
A driver might remember the intersection differently. Witnesses might have conflicting recollections. Traffic signals change quickly, and physical evidence can disappear. That is why lawyers often look beyond the statements of the people involved.
These are examples of evidence in a pedestrian accident case:
- Traffic and security camera footage
- Photographs of the intersection and crosswalk
- Photographs of the vehicle involved
- Damage patterns on the vehicle
- Police reports and accident records
- Statements from people who witnessed the collision
- Cellphone or electronic records when relevant
- Traffic signal information
- Medical records documenting your injuries
- Employment records showing lost income
- Expert testimony when needed to explain technical evidence
At Shulman & Hill, your lawyer can also preserve evidence and communicate with the parties who possess it. That can be particularly important when video footage is stored for only a limited period.
Contact Shulman & Hill ASAP if You Were Hit While Crossing With the Walk Signal
At Shulman & Hill, we represent injured New Yorkers in personal injury matters. With a focus on serious injury litigation, our law firm handles cases in Every Borough, Every Block, New York, We Got You. We also work on a contingency-fee basis.
That way, our clients don’t have to pay any upfront attorney fees prior to receiving legal help and New York-based representation. We combine big‑city experience with easy local access for our clients, and with us by your side, you’ll always have someone in your corner.
Established in 2013, our attorneys have recovered over $1 billion in compensation for more than 26,000 people. As lawyers with over 200 years of combined experience, we’ll do all that we can to advocate for a fair outcome in your case. New York, We Got You.
