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It may be a common misconception that in pedestrian accidents, the driver is always at fault. In reality, pedestrian does not always have the right of way. Pedestrians must follow the rules of the road just as any driver should. If a pedestrian is involved in an accident that is partly caused by their failure to follow the rules of the road, they may be partially or fully liable for their accident. There are several rules that both pedestrians and drivers must follow in order to safely share the roads.

When A Pedestrian May Be Held Liable

New York is a “comparative negligence” state, meaning a plaintiff may be held partially at fault for their accident. The percentage of liability directly affects a plaintiff’s damages. The percentage of liability may be apportioned between the plaintiff and defendant to an amount equal to 100%.


Both drivers and pedestrians should be extremely vigilant on both the roads and in parking lots, especially as the holidays approach. If you are a pedestrian on Long Island and have been struck by a vehicle resulting in serious injury, you may be entitled to full compensation for the damages you’ve incurred. Consult with a Long Island Pedestrian Accident Attorney right away.