Crossing Outside the Crosswalk in New York City: What Changed and What Didn’t
Key Takeaways: New York City decriminalized jaywalking through Local Law 98 of 2024, with the conforming traffic rule change taking effect June 26, 2025, but this ended city ticketing only and left civil liability law untouched. State law (Vehicle and Traffic Law § 1152) still requires pedestrians crossing outside a crosswalk to yield to vehicles with the right-of-way, so insurers may still argue pedestrian fault. Under New York’s comparative negligence rule (CPLR § 1411), damages are reduced by a pedestrian’s percentage of fault, though for motor vehicle personal injury cases commenced on or after May 26, 2026, a pedestrian found more than 50% at fault is barred from recovering any damages. Evidence such as police reports, medical records, photographs, witness accounts, and surveillance footage can significantly change a claim’s value. Claims involving City vehicles or dangerous roadway conditions carry far shorter deadlines, including a 90-day notice of claim and a 1 year and 90 day suit deadline under General Municipal Law §§ 50-e and 50-i.
If you were hit by a car while jaywalking in NYC, you may still pursue a personal injury claim. New York City decriminalized jaywalking, meaning the NYPD generally no longer issues citations under city rules for crossing mid-block or against a signal, but that change did not rewrite civil liability law. Your potential compensation depends on how fault is allocated between you and the driver.
If you or a loved one was struck while walking in Queens, Brooklyn, Manhattan, the Bronx, or on Long Island, The Newman Firm is prepared to evaluate your options. Call (718) 896-2700 or contact us now to discuss what happened before critical deadlines pass.
The 2025 NYC Traffic Law Change Explained
New York City eliminated jaywalking as a ticketable offense under city rules through Local Law 98 of 2024, which amended Section 19-195 of the NYC Administrative Code and directed the Department of Transportation to revise its Traffic Rules. The conforming rule change took effect on June 26, 2025. Reporting on the NYC jaywalking decriminalization indicates the reform grew from enforcement pattern concerns rather than a judgment that mid-block crossing is safe.
The critical distinction for injured pedestrians is between city enforcement and state traffic law. New York State law still requires pedestrians crossing outside a crosswalk to yield to vehicles with the right-of-way. The City generally no longer writes summonses under its own rules for mid-block crossing, but a pedestrian’s conduct may still be raised by insurers to reduce recovery.
Decriminalization Is Not a Right-of-Way Grant
Removing the city penalty did not give pedestrians blanket priority over traffic. Drivers still owe a statutory duty of due care to pedestrians on the roadway, so a driver who fails to keep a proper lookout, speeds, or runs a light may still bear the majority of fault. Courts evaluate these questions case-by-case, weighing visibility, lighting, vehicle speed, and crossing location.
How Pedestrian Fault Works Under New York Law
New York’s comparative negligence framework under CPLR § 1411 has undergone a significant change for motor vehicle personal injury cases. Under the doctrine of comparative negligence, courts reduce damages according to each party’s degree of negligence. If a jury assigns 60 percent fault to the driver and 40 percent to the pedestrian, the pedestrian may recover 60 percent of the total award.
Historically, New York followed pure comparative negligence, under which even a plaintiff found 99 percent at fault could recover the remaining 1 percent of damages. However, as of May 26, 2026, a new subsection (b) was added to CPLR § 1411 that applies modified comparative negligence to motor vehicle personal injury cases, including pedestrian collisions covered under Article 51 of the Insurance Law. Under the updated rule, a pedestrian found more than 50% at fault is barred from recovering any damages in actions commenced on or after that date. Pure comparative negligence continues to apply only to non-motor-vehicle personal injury cases in New York, such as slip-and-fall and premises liability claims.
The Contrast With Contributory-Negligence States
A handful of jurisdictions may bar the same claim outright. In Alabama, Maryland, North Carolina, Virginia, and the District of Columbia, contributory negligence can defeat recovery entirely if the plaintiff’s own negligence contributed at all.
| Fault Allocation | New York (Motor Vehicle Cases) | Contributory States |
|---|---|---|
| Pedestrian 10% at fault | May recover 90% | Generally barred |
| Pedestrian 50% at fault | May recover 50% | Generally barred |
| Pedestrian 90% at fault | All damages barred | Generally barred |
💡 Pro Tip: Because fault is allocated by percentage, evidence that shifts your share by even ten points may meaningfully change the value of a pedestrian injury claim. Photographs of sightlines, signal timing, and vehicle damage often do that work.
Building Evidence After Being Hit by Car While Jaywalking in NYC
Documentation collected in the first days after a collision can influence how fault is apportioned months later. Insurers frequently argue pedestrian fault aggressively when crossing occurred mid-block, so preserving the following materials is advisable:
- Police accident report (MV-104AN) and responding officers’ observations
- Emergency room and follow-up medical records tying injuries to the crash
- Photographs of the roadway, signals, obstructions, and vehicle damage
- Names and contact information for witnesses
- Nearby business or residential surveillance footage, often overwritten within days
Surveillance is often the most perishable category. A written preservation request sent promptly may make the difference between a disputed narrative and a documented one. Our nyc pedestrian accident lawyer team addresses evidence preservation early in every matter.
Serious-Injury Threshold and No-Fault Considerations
New York’s No-Fault system generally covers medical expenses and a portion of lost earnings up to the basic economic loss limit, regardless of who caused the crash, provided the required application is submitted within the short filing deadlines. Recovering pain and suffering from the driver, however, typically requires meeting the serious-injury threshold defined in Insurance Law § 5102(d), which turns on the nature, extent, and permanence of the injuries. Contemporaneous medical documentation generally carries significant weight.
When the City May Be a Defendant
If a City vehicle struck you or a dangerous roadway condition contributed to the crash, a notice of claim generally must be filed with the Comptroller before any lawsuit, as required by General Municipal Law § 50-e. According to the NYC Comptroller claim FAQs, notices generally must be filed within 90 days of the incident, dramatically shorter than the ordinary three-year negligence period. Claimants generally must wait 30 days after filing before suing, and any lawsuit against the City generally must be commenced within 1 year and 90 days of the incident. Courts may grant leave to serve a late notice in limited circumstances.
The Comptroller’s Office independently investigates both liability and damages. Claimants may be asked to produce photographs, medical records, and bills, and may be required to testify at a hearing conducted under General Municipal Law § 50-h.
The Prior Written Notice Hurdle
Claims based on a defective, unsafe, or obstructed sidewalk or crosswalk may face an additional procedural barrier. Under CPLR § 9804, no civil action may be maintained against a village for injuries caused by a street, highway, sidewalk, or crosswalk being defective unless written notice of that condition was given to the village clerk with failure to repair within a reasonable time. New York City has its own analogous requirement in Administrative Code § 7-201(c), which generally requires prior written notice to the Department of Transportation, subject to recognized exceptions such as affirmative negligence.
Deadlines That Can End a Strong Claim
Timing rules generally operate independently, and missing one may foreclose relief even where liability appears strong. The general period for personal injury negligence claims is three years from the date of the incident, but shorter periods apply to municipal and certain other defendants.
Where a statute expressly ties accrual to discovery, CPLR § 203(g) provides that the action must generally be commenced within two years after actual or imputed discovery, or within the otherwise applicable period, whichever is longer.
💡 Pro Tip: The Comptroller’s Office generally cannot settle claims after 1 year and 90 days have passed or after a lawsuit has been filed, so delay may eliminate a pre-suit resolution path entirely.
Settlement Remains Available at Any Stage
Decriminalization did not change a pedestrian’s ability to resolve a claim by agreement. CPLR § 5047 confirms that nothing in those rules limits the right of a plaintiff, defendants, and any insurer to settle property damage, personal injury, or wrongful death claims as they consider appropriate. Settlements involving infants or incapacitated persons generally require court approval.
Unrepresented claimants may negotiate without a clear picture of how comparative fault will be valued. Readers weighing whether to file suit or negotiate may find it useful to review whether you can still sue after NYC decriminalized jaywalking before accepting any offer.
Frequently Asked Questions
1. Can I still sue if I was crossing outside a crosswalk?
Possibly. New York’s comparative negligence rule may allow recovery even when a pedestrian bears substantial fault, with the award reduced proportionally, though pedestrians found more than 50% at fault in motor vehicle cases commenced on or after May 26, 2026, are barred from recovering any damages.
2. Does the fact that I can’t get a New York jaywalking ticket anymore help my case?
It may remove one argument an insurer might use, but it does not eliminate civil fault analysis. State law still requires pedestrians crossing outside a crosswalk to yield to vehicles with the right-of-way.
3. What is the deadline if a City vehicle hit me?
A notice of claim generally must be filed with the Comptroller within 90 days of the incident, and suit generally must be commenced within 1 year and 90 days.
4. Will the City admit fault if it offers me money?
Generally, no. Settlement offers and settlements generally do not constitute an admission of liability by the City.
5. What should I do first after being hit by a car in NYC?
Seek medical attention, ensure a police report is generated, and photograph the scene if able. Prompt legal consultation is advisable because surveillance footage, No-Fault filing windows, and municipal deadlines can expire quickly.
Protecting Your Recovery After a Mid-Block Collision
New York City’s traffic rule change ended city jaywalking enforcement but left civil liability intact. Fault is generally still allocated by percentage under comparative negligence, drivers still owe a duty of care, and pedestrians injured outside a crosswalk may still pursue medical expenses, lost wages, and, where the serious-injury threshold is met, pain and suffering, subject to the modified comparative negligence rules now applicable to motor vehicle cases. The primary risks are often evidentiary and procedural: perishable surveillance footage, contested serious-injury findings, prior written notice requirements, and short municipal deadlines.
If you were hit by a car while jaywalking in NYC, do not assume your claim is worth less than it may be. Reach out to The Newman Firm by calling (718) 896-2700 or schedule your consultation today so your options can be evaluated while the evidence is still available.
Disclaimer: This content is for informational purposes only and is not legal advice. Every case is unique, and results may vary. Consult an attorney about your specific circumstances.
