New York City Passes Bill to Expand Pedestrians’ Right of Way

pedestrians The City Council has unanimously voted to expand the pedestrians’ right of way, bolstering legal protections for people who are walking in crosswalks. According to a report in Streetsblog.com, the legislation is expected to be passed by the mayor, with both the Department of Transportation and the NYPD having endorsed it. Under the current law, pedestrians who cross the street when signals are flashing a red hand may be denied some protections by New York City’s law enforcement agencies. This bill changes that, closing a loophole in city laws relating to pedestrian accidents.
The 2014 Right of Way law made it a misdemeanor for motorists to injure a pedestrian or bicyclist crossing with the right of way. But district attorneys and the NYPD have refused to criminally prosecute drivers citing Section 4-03 of the Rules of the City of New York, which states that pedestrians shall not enter or cross the roadways with a flashing hand. The new bill that the council has passed expands the definition of the pedestrians’ right of way so anyone who steps off the curb during the “Don’t Walk” phase has the protection of the law.

Why is This Law Important?
This change is significant because of the rapid expansion in New York City of countdown clocks that inform pedestrians how much time they have left to cross the street. The clocks tend to shorten the steady “Walk” phase and lengthen the flashing phase giving pedestrians less time under the older law. Officials said the bill would align the law with the reality of what happens on the streets. The older law, they said, was outdated and defied common sense.
The new law will also help traffic investigators and police hold reckless drivers accountable and bring justice to victims and their families, proponents of the law said. The updated rule will benefit the elderly who tend to move at a slower pace at intersections and crosswalks. This new law will give seniors sufficient time to cross the road legally.
It is also important to note that a number of pedestrian accidents in New York City are caused by negligent drivers who fail to yield the right of way to pedestrians, particularly at busy crosswalks and intersections. Some of the common causes of pedestrian accidents at crosswalks include impaired or distracted driving, excessive vehicle speed, inattention and reckless vehicle operation. And often, in New York City, we see prosecutors reluctant to press criminal charges against negligent motorists because of this outdated law that may not allow pedestrians to cross when the light is flashing.
Compensation for Victims
Pedestrians who are injured in vehicle collisions tend to suffer major bodily injuries such as head trauma, spinal cord damage, multiple broken bones and internal organ damage. These types of injuries may require a long time to heal if ever they do causing the individual to take time off of work and lose valuable income. In many cases, victims are never able to return to work or earn a future livelihood, which puts victims and families in a precarious financial position. Criminal charges or convictions are not necessary for injured pedestrians to seek justice or fair compensation for their significant losses. Victims of pedestrian accidents may be able to seek compensation for damages including, but not limited to, medical expenses, lost income and benefits, hospitalization, rehabilitative therapy, permanent injuries, disabilities, past and future pain and suffering, etc. Families of deceased victims may be able to seek compensation by filing a wrongful death claim as well.
If you or a loved one has been injured in a pedestrian accident or if you have lost a loved one in an auto accident caused by a reckless or negligent driver, the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you. Our law firm recently recovered $5,600,000 for a bicyclist who was hit by a van, and $2,550,000 for another victim of a truck accident, and $3,000,000 for a pedestrian who was hit by a car, and the full $1,000,000 insurance policy for a pedestrian who was hit by a truck, and $4,625,000 for a driver who was in a car and was hit by a van.
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury cases in New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
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Source: http://www.streetsblog.org/2016/09/14/city-council-unanimously-passes-bill-to-expand-pedestrians-right-of-way/