Most of us know the old adage, “pedestrians always have the right-of-way,” but it is certainly a myth. Pedestrians are not allowed to impede traffic. As a pedestrian, you only have the right-of-way within defined crosswalks, when the lights say that you may walk.


In most states, jaywalking is illegal. It is rarely enforced in New York due to the very minor nature of the crime. Jaywalking is often unsafe and creates unnecessary risks for both drivers and pedestrians.

When Driving

While driving it is important to be aware of pedestrians who may step into the street. If a pedestrian does attempt to cross the street, do not wave them on. Be wary of other drivers before you stop to let a pedestrian walk.

In the Crosswalk

Sometimes a driver does not yield right-of-way to a pedestrian in the crosswalk. If a driver does not stop at the red light, he/she is violating that exchange. A driver that is turning must also yield that right of way.

Pedestrian Safety

When crossing a street, do not look at your phone. Remove headphones or earbuds. Look both ways before crossing, and continue to do so as you make your way across.

Know Your Rights

If you or a loved one is injured during the accident with as a pedestrian, consider looking towards legal counsel as the next step. Accidents with pedestrians can be more dangerous for the unprotected person walking, as they are more likely to suffer serious, or even fatal, injuries. Sometimes injury occurs or is felt after the accident.
Do not meet with other parties involved in the accident without a lawyer present. Do not sign anything from another party or from that party’s lawyer without discussing it with your legal counsel first.
For over 25 years, we have been assisting people in the New York/New Jersey area with injury cases of all shapes and sizes; from Auto Accidents to Dog Bites. D’Agostino & Associates, P.C., and its affiliates do not provide legal advice by articles. This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for legal advice. Call 1-888-245-2924 or contact us online to schedule a free initial consultation with one of our attorneys. Bite Back with D’Agostino & Associates, P.C.