Negligence is the failure to use reasonable care. Under New York’s new 2026 tort reform law, which applies to motor vehicle injury lawsuits filed on or after May 26, 2026, a pedestrian found more than 50% at fault for the accident is no longer entitled to any compensation for their injuries, even if the driver is found 49% at fault. Before this change, an injured pedestrian could still recover a reduced amount, no matter how much fault was assigned to them.
The bar applies only when the pedestrian’s share of fault exceeds the driver’s. A pedestrian found 50% at fault can still recover, with the award reduced by half. If more than one driver is involved, the pedestrian’s share must exceed the drivers’ combined fault before recovery is barred.
Can a Pedestrian be Blamed for Being Hit by a Car?
Although a pedestrian generally has the right-of-way while walking inside a crosswalk, a pedestrian can still be found negligent for causing or contributing to an accident. At trial, a jury will divide fault between the driver and the pedestrian and will consider many factors. Insurance companies make the same calculation long before trial, and they use it to reduce or deny claims.
A pedestrian who crosses the street without watching for oncoming traffic can be found at fault for careless conduct. A person can also be found at fault for crossing the street at night in completely dark clothing, which can make the pedestrian difficult to see. A person who crosses outside the crosswalk may be found completely or mostly at fault for the accident, which under the new law would bar any recovery for their injuries.
Be cautious when walking into a street, obey the law, alert drivers to your presence, and stay vigilant. If you are hit, do not assume you are to blame.
Evidence, such as video footage, witness statements, the driver’s speed, and whether the driver was distracted or failed to yield, determines fault. Preserving that evidence early can make the difference between recovering compensation and recovering nothing.
Talk to a New York Pedestrian Accident Lawyer Today
If you were injured as a pedestrian in a motor vehicle accident, Brett Nomberg is an experienced personal injury trial attorney with over 30 years of practice in New York.
Mr. Nomberg has beaten some of the largest defense firms and won multi-million-dollar awards for his clients. Every client is treated with compassion and respect, and clients appreciate that Mr. Nomberg is easy to reach by phone or email with any questions. There is no fee unless we win, and the initial consultation is free.
Call or fill out our confidential contact form to speak with Mr. Nomberg about your pedestrian accident.
Prior results do not guarantee a similar outcome.
