Pedestrians are supposed to cross at a designated crosswalk. If a pedestrian crosses midblock and is struck by an oncoming vehicle, then he or she might be responsible for his or her injuries. About two years ago a pedestrian in Queens, New York crossed in a midblock section of a street, emerging from between two vehicles that were parked on the street. Then she was struck by an oncoming vehicle, as reported by the New York Law Journal in an April 15, 2013 news article.

The pedestrian wanted to recover for her injuries, so she sued the driver of the vehicle claiming that he was “negligent in the operation of his vehicle.” Moreover, the pedestrian alleged that she had the right to cross midblock because there was a red light and the vehicle that struck her stopped behind another vehicle. She also alleged that the owner of the vehicle did not properly observe his surroundings before proceeding, thus he is responsible for the injury.

One of the passengers in the vehicle claimed that the driver was not “watching the road and he had to be prompted to stop” when the pedestrian emerged from between the two parked vehicles.  The injured pedestrian wanted to recover for pain and suffering both in the past and in the future. However, the court held that the pedestrian was the one who caused the accident thus the driver does not have to pay for any injuries sustained.

We at Jayson Lutzky, P.C. can provide you with the information you need if you have been injured, and how this will affect an accident claim. If you have been injured due to someone else’s behavior and you are in need of legal advice, then please feel free to call us at 1-800-660-5299 for a free initial in office consultation or visit our website at