Crossing the street can be dangerous, even if you look both ways. According to the National Highway Traffic Safety Administration 4,280 pedestrians died in 2010. Many thousands more were seriously injured. Pedestrian deaths accounted for 13 percent of all traffic fatalities, and made up 3 percent of all the people injured in traffic crashes.

Determining who is negligent in pedestrian cases can be tricky. Many factors must be taken into account: Were you paying attention to traffic when you crossed? N.Y. Veh. & Traf. Law § 1150 (Consol. 2002). Were you jaywalking or crossing in a designated crosswalk? N.Y. Veh. & Traf. Law § 1152 (Consol. 2002). Did the car run a red light? If possible, you should try to find witnesses who can verify your account of the accident.

In general, pedestrians have the right of way when traffic control signals are not in place or not in operation. N.Y. Veh. & Traf. Law § 1151 (Consol. 2002). If a child was injured running into the street, and if there is a school or playground nearby, McPhillips Fitzgerald & Cullum may be able to prove that the driver should have been aware that children were in the area. This can be used to show the driver wasn’t taking proper precautions to avoid an accident. In addition, it may be possible to show that the child wasn’t properly supervised or that adequate crossing assistance was not provided.

A third party can also be responsible in pedestrian accidents. If a crossing signal or traffic light malfunctioned, for example, it may be possible to hold the municipality responsible for failing to adequately maintain or repair the light.