“Everyone Does it, and I do it, too” – But Should You Jaywalk or Cross at the Corner in the Crosswalk Zone in New York City? Find Out What the New York City Council’s New “Jaywalking” Laws Mean for You

Speaking to CBS News after the passage of the New York City Council’s new legislation surrounding jaywalking in the city, New York City resident Desmond Chu said of jaywalking in the Big Apple, “I don’t even think about it because everyone does it, and I do it, too.” Indeed, for many New York City residents, jaywalking could be considered a New York City tradition, or at least a habit by many New York City pedestrians that is as old as time. However, even when virtually everyone in a city does something like jaywalking – whether out of habit, tradition, or simply convenience – the question remains whether that “something” is legal. The New York City Council’s recent legislation makes significant changes to New York City jaywalking laws, and it is important for New York City residents to know their rights under the new laws.

New York City Council’s New Laws Decriminalize Jaywalking in New York City

At the outset, it is important for New York City residents to understand exactly what Jaywalking is. Jaywalking is the act of “crossing the street in a way that contravenes traffic laws, typically outside of crosswalks, despite oncoming traffic.” Jaywalking has been unlawful in New York City since 1958, and, if caught, jaywalkers could be fined for crossing the street outside of a marked crosswalk. However, that all changed last month, when the New York City Council voted to pass a bill decriminalizing jaywalking, which will become effective in February, 2025.

Effects of New York City Council’s New Law Decriminalizing Jaywalking in New York City

So, under the new laws, should a pedestrian cross at a corner at a marked crosswalk, or should a New York City pedestrian feel free to cross anywhere in the road? The answer is: it depends. Under the new laws, it is legal for a pedestrian to cross the road at “any point” (including outside of a marked crosswalk), but a pedestrian does not have the right of way if they choose not to cross at a marked crosswalk. The practical effect of the legislation has to do with pedestrian safety, and a pedestrian’s rights if they are hit by a motor vehicle in the street. The new laws establish that if a pedestrian crosses in the crosswalk, liability for the pedestrian’s injuries falls squarely on the driver or party who hit them. However, if a pedestrian crosses outside the crosswalk, they lose that protection: a jury must decide who is at fault, including the percentage of fault of the pedestrian themselves when crossing outside of the crosswalk. The law will protect you when you cross the street in the crosswalk when you are hit by a vehicle. Otherwise, if you cross mid block, you could be found liable by a court if you are struck by a vehicle. Therefore, it is legally better to cross in the crosswalk, and also probably a lot safer too.

Legal Help for Pedestrian Accident Victims in New York City

If you were injured in a pedestrian accident in New York City and you need legal help getting compensation for your injuries, contact the experienced New York City pedestrian accident lawyers at the law firm of Michael Gunzburg, P.C. Do not hesitate to speak to an experienced New York City pedestrian lawyer about your rights and options to compensation in your case today. Contact Michael Gunzburg, P.C., and speak to a lawyer about your case now.

Source:

cbsnews.com/newyork/news/jaywalking-legalized-in-nyc/

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About Michael Gunzburg

Michael Gunzburg is a New York City personal injury and medical malpractice attorney with over 37 years of trial experience. He has represented thousands of injured clients throughout New York City's five boroughs, securing numerous multimillion-dollar verdicts and settlements, including a $20 million structured settlement for a birth injury case and a $10.1 million settlement for a construction accident victim.

Michael holds a Juris Doctorate from Brooklyn Law School and is also a Certified Public Accountant, giving him unique insight into complex financial aspects of injury cases. He is admitted to practice in New York State Courts and the U.S. District Courts for the Southern and Eastern Districts of New York.

A member of the New York State Trial Lawyers Association and the American Association of Justice, Michael has argued cases before the New York Court of Appeals and has been a member of the Brooklyn Bar Association's legal referral panel since 1989. He handles cases involving car accidents, construction injuries, medical malpractice, and wrongful death throughout NYC.

The information in this post is for educational purposes and does not constitute legal advice. For specific guidance about your situation, contact Michael Gunzburg, P.C. at 212-725-8500.