Pedestrian v. Motorist: Who Has the Right-of-Way in an Unmarked Crosswalk?

From Warwick to Walden, Port Jervis to Newburgh, pedestrians and motorists share the streets and roads of hamlets, villages, cities and towns throughout Orange County every day. While marked crosswalks clearly indicate where pedestrians have the right of way, confusion often arises at unmarked intersections. What happens when a pedestrian steps off the curb at a corner where no crosswalk lines are painted? Who has the right-of-way in an unmarked crosswalk?

The answers to those questions are critical when an accident happens and somebody gets hurt. Whether the pedestrian or the motorist is liable for the accident determines what options an injured pedestrian has to pursue compensation for their medical expenses and other legal damages. Read on to learn more about this key issue. If you or a family member has been hurt in a pedestrian accident in Orange County or the Hudson Valley, contact Dupée & Monroe, P.C., to speak with a skilled and dedicated Goshen pedestrian accident lawyer.

Right-of-Way at Unmarked Crosswalks in New York

Under New York law, every intersection where streets meet at approximately right angles is considered to have a crosswalk, whether it is painted or not. According to Section 1151 of the New York Vehicle and Traffic Law, when a pedestrian is within a crosswalk—marked or unmarked—drivers must yield the right-of-way.

This means that if a pedestrian is crossing at an intersection (not mid-block or against a traffic light), they have the right-of-way, even if there are no lines painted on the road. Motorists must slow down or stop as necessary to allow the pedestrian to cross safely. This law applies whether or not traffic signals are in place or in operation.

Exceptions and Responsibilities

While pedestrians have the right-of-way at unmarked crosswalks, they also have responsibilities. They must exercise reasonable care for their own safety, which includes not suddenly leaving the curb and walking or running into the path of a moving vehicle that is too close to stop safely. Additionally, pedestrians must obey traffic signals, and if there is a pedestrian control signal present, they must follow it, even if the crosswalk itself is not marked. Pedestrians must also yield the right of way to vehicles whenever crossing a roadway at a point where a pedestrian tunnel or overpass has been provided.

Similarly, drivers have a duty to operate their vehicles in a safe and attentive manner. Failing to yield to a pedestrian in an unmarked crosswalk can result in fines, points on a driver’s license, and civil liability in the event of an accident. This duty includes staying alert at intersections and being prepared to yield, especially in residential areas or places where foot traffic is common.

Section 1151 also makes it clear that a vehicle cannot overtake and pass another vehicle that has stopped to allow a pedestrian to cross, whether at a marked crosswalk or any unmarked crosswalk or intersection. This is a common and extremely dangerous mistake impatient drivers make who recklessly swerve around a stopped car without stopping to think a pedestrian is crossing. If the pedestrian is walking in front of the stopped vehicle at the time, the passing driver likely won’t see the pedestrian until too late, causing catastrophic or fatal injury to the pedestrian in a collision.

Dealing With Accidents at Unmarked Crosswalks in Orange County

If an accident occurs in an unmarked crosswalk, determining fault can become a complex legal issue. Insurance companies and courts will examine several factors, such as the position of the pedestrian, the behavior of the driver, traffic signals, and whether either party violated traffic laws.

Because New York follows a comparative negligence rule, fault can be shared between the pedestrian and the driver. For example, if a pedestrian stepped out too quickly and the driver was also speeding, both may be deemed partially responsible, and any compensation awarded could be proportionately reduced.

What to Do If You Are Injured in a Pedestrian Accident in the Hudson Valley

If you are a pedestrian who has been struck by a vehicle while crossing at an unmarked crosswalk, it is essential to seek immediate medical attention and report the accident to the police. Document the scene if possible, including photos, witness names, and any details about traffic conditions. These details can be critical in establishing who had the right-of-way and building a strong personal injury claim.

At Dupée & Monroe, P.C., we have extensive experience representing accident victims in pedestrian injury cases throughout Goshen, Orange County, and the surrounding Hudson Valley region. Our attorneys can help determine whether your right-of-way was violated and fight for the compensation you deserve for your injuries, medical expenses, lost wages, and pain and suffering.

Know Your Rights and Protect Your Future With Dupée & Monroe

Pedestrian safety is a shared responsibility. While New York law offers strong protections to those on foot, it also requires vigilance and accountability from everyone on the road. If you have questions about your rights as a pedestrian or were injured in a crosswalk accident, contact Dupée & Monroe, P.C. today for a free consultation. We are here to help you understand your rights and take action to recover the full and fair compensation you are entitled to.