Pedestrian Safety in Urban Environments: A Legal Perspective

New York City has a complex legal framework designed to keep pedestrians and motorists safe, but sadly, it is not effective all of the time.  Where pedestrians are injured in pedestrian accidents, the injured people may be able to recover for their injuries from two different sources: the negligent motorists or New York City itself.

This article will explore that legal framework before seeking to explain the options available to injured people.  Once done, this article will discuss the infrastructure investments available to the city to increase the safety of both pedestrians and motorists.

While this article was researched and written by our skilled attorneys at Dansker & Aspromonte, it is not a substitute for consulting with skilled legal counsel in the wake of an injury.  If you have been injured then reach out to our attorneys at Dansker & Aspromonte by calling them at (516) 206-6723 or by contacting them at our online portal, which is linked here.

The Legal Framework for Urban Pedestrian Safety

New York City has enacted an expansive legal framework to ensure pedestrian safety in its dense urban environment.  To that end, New York City generally requires motorists to:

• yield to pedestrians, granting pedestrians the right of way at crosswalks whether marked or unmarked;
• obey traffic signals, which is an obligation that falls on both drivers and pedestrians; and
• use common sense and caution to avoid accidents.[1]

Further, drivers are obliged to obey traffic lights and signs, including:

• stopping and yielding to pedestrians at red lights, with right turns on red being outlawed as a general matter;
• preparing to stop at yellow lights and yield signs, making sure to yield to oncoming traffic and pedestrians; and
• at four-way stops, allowing the first stopped vehicle to go first, and the vehicle to the right to go first when two vehicles stop simultaneously.

Drivers who fail to obey these traffic signs may find themselves liable in a personal injury suit for negligence.  A negligence claim is a lawsuit brought under tort law alleging (1) the defendant was subject to a duty of care; (2) the defendant breached that duty of care; (3) causation, specifically that the defendant’s breach of his or her duty of care caused the plaintiff’s injury; and (4) the plaintiff was injured.[2]  This definition likely sounds loosely-defined at best, but that loose definition is by design.[3]  Negligence is a legal doctrine that evolves in accordance with society’s customs, philosophical standards, and social needs to ensure that it remains available to people who are injured by the unreasonably dangerous actions of others.  In the context of pedestrian accidents and automotive crashes, negligence suits are commonly brought when drivers breach their duty of care by engaging in distracted driving or impaired driving.

However, drivers are not the only people who can be held liable under a theory of negligence in pedestrian accident cases.  New York law states that governmental entities such as counties, cities, and municipalities are under a duty of care obligating them to maintain the streets and sidewalks in a reasonably safe condition.[4]  New York City is then required to install appropriate traffic controls, maintain traffic barriers, ensure the curbs are in good shape, remove ice and snow, remove obstructions from the road, and ensure that the streets are adequately lit to keep both pedestrians and motorists safe.

Pedestrian Rights & Remedies

If either a motorist or the city breaches its duty of care, injured pedestrians may file personal injury lawsuits under a theory of negligence—provided they meet some conditions.  This article will first address what must happen for an injured pedestrian to file a tort suit against a motorist before addressing the conditions necessary to file a suit against New York City.

Negligence Claims Against Motorists

Generally, New York’s No-Fault Insurance system will remove pedestrian accident cases brought against motorists from court-system entirely.[5]  This No-Fault Law is designed to make sure injured people are promptly and properly compensated for the losses they incur as a result of a motorists negligent driving—regardless of who is at fault in the accident.[6]

This No-Fault Law is something of a compromise between pedestrians, motorists, and insurance companies in that it limits the avenues to bring tort suits against motorists as well as the remedies available to injured people in many circumstances.  People who suffer an injury that does not fall under the statute’s “serious injury” category are limited to recovering their basic economic loss if and only if that basic economic loss exceeds $50,000.[7]  However, injured parties who suffer a “serious injury” as defined by § 5102(d) of New York’s insurance code are eligible to seek their non-economic losses in a tort lawsuit.[8]

The statute has a lengthy list of injuries that constitute a serious injury[9], but there is nuance to it.  Similarly, there are procedural hurdles to filing a negligence claim against the City for failing to meet its obligations.  If you have been injured and want a consultation about your options then your best option is to consult with an experienced pedestrian accident attorney like the ones at Dansker & Aspromonte.

Negligence Claims Against New York City

Injured pedestrians may also be able to seek compensation for their injuries from New York City itself if the City breached its duty to maintain safe streets.  New York City can be held liable for injuries resulting from its failure to keep the streets in a reasonably safe condition where:

• it based its planning or maintenance decisions on “plainly inadequate information” or made them without a reasonable basis;
• the City failed to continue to review the plan’s actual effects and operations after implementing it; or
• the city fails to undertake reasonable studies with the intention of alleviating dangerous traffic conditions after being made aware of such a condition.[10]

But there are procedural hurdles that must be cleared in order to file a lawsuit against New York City.  Specifically, a notice of claim must be filed prior to the commencement of a lawsuit against New York City to the extent that that suit arises from tort law.[11]  That notice of claim must be served within ninety days of the injury, it must be in writing, and there are specific requirements as to how it must be served on the city.[12]

Consult An Experienced Injury Attorney About Your Claim

The statute has a lengthy list of injuries that constitute a serious injury[13], but there is nuance to it.  Similarly, there are procedural hurdles to filing a negligence claim against the City for failing to meet its obligations.  These are complicated issues that are best resolved with the help of a trusted attorney’s steady hand.

If you have been injured and want a consultation about your options then your best option is to consult with an experienced pedestrian accident attorney like the our attorneys at Dansker & Aspromonte.  Our attorneys are available for a free consultation about your legal rights.  Reach out to them by calling (516) 206-6723 or by contacting them at our online portal, which is linked here.

Enhancing Urban Pedestrian Safety: A Multi-Faceted Approach

The best approach to enhancing urban pedestrian safety requires a multi-faceted approach utilizing (1) infrastructural improvements, (2) campaigns designed to educate and increase the public’s awareness of the dangers posed to urban pedestrians, and (3) appropriate utilization of law enforcement to enforce targeted policies.  Each will be addressed below.

Improve Infrastructure: Enhancing Safety by Enhancing Urban Topography

Pedestrian safety in urban environments can be improved through the optimized utilization of crosswalks, speed bumps, traffic signals, parking, and other physical barriers.[14]  Optimizing urban safety requires a considered installation of these devices; wantonly placing them around New York City will either be less effective or entirely ineffective to increase pedestrian safety.  What follows are just a few ways safety optimization can occur through the effective utilization of urban engineering.

Raised Medians

First, raised medians are known to significantly reduce pedestrian crash rates while also facilitating street crossing.[15]  Raised medians offer another benefit: they help to prevent unsafe turns by controlling access to turn lanes.[16]  Maximizing their effects requires a median designed and maintained to provide visibility between pedestrians and approaching motorists.

Traffic Signals Installed Near Crosswalks

Installing traffic signals near crosswalks—particularly those with pedestrian signals—on high-volume or multi-lane roads will prevent pedestrian accidents at pedestrian crossings.[17]  However, the safety-optimizing effects of these traffic signals can be further enhanced by periodically retiming the traffic signals.[18]  Retiming these signals serves to prevent drivers—particularly those drivers who routinely drive on a specific road—from growing accustom to a particular traffic signal’s timing and then driving in accordance with their familiarity rather than with what the device actually signals to them.[19]

One specific traffic signal available to increase pedestrian safety is the HAWK beacon, or a “high-intensity activated crosswalk beacon.”  HAWK beacons are used only for marked beacons, but despite their narrow uses, studies from the Federal Highway Administration observe substantial improvements in pedestrian safety very shortly after installing them.[20]  Specifically, one study found a 29% reduction in total crashes, a 15% reduction in severe crashes, and a 69% reduction in pedestrian crashes at an intersection as compared to intersections without a signal.[21]

Change the Streets: Removing Parking & Lane Narrowing

Pedestrian safety efforts can be furthered by changing the streets themselves.  There are two major ways that this can be done: (1) removing or limiting on-street parking, and (2) narrowing traffic lanes.

On-street parking is known to disrupt traffic dynamics and even endanger pedestrians.  Recent studies find that motor vehicle safety is affected by curb parking, and the adverse effects of curb parking on traffic and pedestrian safety can be mediated by:

• Ensuring the road is wide enough to support both the flow of traffic and curb parking; and
• Limiting the legality of curb parking when traffic congestion is at its peak.[22]

But on-street parking has also been shown to obstruct drivers’ view of pedestrians—especially near intersections—thereby increasing the risk of accidents.[23]  “Daylighting,” which is the practice of removing parking near intersections, enhance drivers’ ability to see pedestrians and thereby improve safety outcomes.

And, while it may seem counterintuitive, narrowing lanes can decrease the risk of pedestrian accidents and injuries.[24]  There is no evidence that narrower lanes are associated with increased crash numbers nor do they increase the risk of accidents, but there is strong evidence that narrowed travel lanes in low-speed zones (defined herein as areas with a speed limit between 30-35 miles per hour) are associated with significantly lower numbers of crashes and can contribute to improved public safety.[25]  But narrower lanes will also encourage motorists to drive more slowly, which is crucial when speed is such a key consideration in how many pedestrian accidents will occur in a given instance.

Ultimately, the benefits of narrowing road lanes include:

• increased opportunities for adding bike lanes and wider sidewalks;[26]
• a reduction in driving speed;[27] and
• environmental benefits due to the reduced utilization of paving and construction resources.[28]

Pedestrian Zones

Pedestrian zones are designated areas in urban environments where pedestrian traffic is prioritized and vehicle access is either restricted or eliminated completely.  Pedestrian zone programs have proven effective in reducing both crashes and injuries for older, impaired, adolescent, and adult pedestrians.[29]  Pedestrian zones are highly effective in increasing pedestrian safety and preventing crashes, but they are not without their drawbacks.  Specifically, pedestrian zone programs require significant investment in up-front analysis, planning, and implementation.[30]  Further, pedestrian zone programs typically take several months before they can be implemented, and large municipalities—such as New York City—often require years-long data analysis and on-site evaluations before a pedestrian zone can be built.  Thus, pedestrian zones are among the most powerful tools available to prevent pedestrian accidents, but they are also the most difficult to deploy over a short period of time.

Law Enforcement & Policy Advocacy

The use of effective policy measures can be used to drive pedestrian accident numbers down as well.  New York City has endeavored to do just that by implementing the New York Traffic Safety Enforcement Program (“TSEP”).  This program is designed to optimize the infrastructure investments and policies enacted at the state, county, and local levels by applying a targeted enforcement approach.[31]  This targeted approach seeks to identify enforcement priorities based on areas of greatest need by analyzing the time, geographic location, demographic breakdown of crashes in conjunction with consideration given to the latest traffic enforcement training and tactics.[32]

Conclusion

As discussed above, injured pedestrians may have several avenues to financial recovery available to them after their pedestrian accident.  They may have a claim against a motorist, New York City itself, or both.  While the claims are complicated, the nature of their injury may further impact what type and how much compensation is available to them.  This guide seeks to make injured pedestrians aware of their rights, but it is not a substitute for consultation with seasoned legal counsel.  If you have been injured then reach out to our attorneys at Dansker & Aspromonte by calling them at (516) 206-6723 or by contacting them at our online portal, which is linked here.

But these injuries do not need to happen, and as discussed above, they are very much preventable.  Effective infrastructural investments can prevent these injuries, and smart policies enforced by dedicated law enforcement professionals can maximize their safety-boosting effects.  The attorneys at Dansker & Aspromonte want to know what you think: what changes do you think are most critical for improving pedestrian safety in your city?

[1]  DriveRite Academy, “Mastering NYC’s Right of Way Rules: A Guide for Drivers and Pedestrians,” (accessed Dec. 2024), https://driveriteny.com/Blog/Mastering-NYCs-Right-of-Way-Rules-A-Guide-for-Drivers-and-Pedestrians#:~:text=Left%20Turns%3A%20Yield%20to%20oncoming,and%20pedestrians%20on%20the%20sidewalk.

[2]  Palsgraf v. Long Island R. Co., 248 N.Y. 339 (1928).

[3]  Id.

[4]  Friedman v. State, 67 N.Y.2d 271, 283-84 (Ny. 1986).

[5]  Walton v. Lumbermens Mut. Cas. Co., 88 N.Y.2d 211 (1996).

[6]  Byrne v. Oester Trucking, Inc., 386 F.Supp.2d 386 (2005).

[7]  Ventra v. U.S., 121 F.Supp.2d 326 (S.D.N.Y. 2000).

[8]  N.Y. Ins. Law § 5102(d).

[9]  Id.

[10]  Friedman v. State, 67 N.Y.2d 271 (Ny. 1986).

[11]  N.Y. Gen. Mun. § 50-3.

[12]  Id.

[13]  Id.

[14]  New York City Department of Transportation, Pedestrians – Traffic Calming Design Guidelines (accessed Dec. 2024), https://www.nyc.gov/html/dot/html/pedestrians/traffic-calming.shtml.

[15]  U.S. Department of Transportation – Federal Highway Administration, Safety Effects of Marked vs. Unmarked Crosswalks at Uncontrolled Locations (Feb. 2002), https://nacto.org/docs/usdg/effects_marked_vs_unmarked_crosswalks_zeeger.pdf.

[16]  Id.

[17]  Id.

[18]  New York City Department of Transportation, Pedestrians – Traffic Calming Design Guidelines (accessed Dec. 2024), https://www.nyc.gov/html/dot/html/pedestrians/traffic-calming.shtml.

[19]  Id.

[20]  U.S. Department of Transportation – Federal Highway Administration, Safety Effectiveness of the HAWK Pedestrian Crossing Treatment (July 2010), https://cmfclearinghouse.fhwa.dot.gov/studydocs/Safety%20Effectiveness%20of%20the%20HAWK%20Pedestrian%20Crossing%20Treatment%20(Fitzpatrick%20and%20Park,%202010).PDF.

[21]  Id.

[22]  Y. Cao, et al., The effect of curb parking on road capacity and traffic safety, European Transport Research Review (Dec. 29, 2016), https://etrr.springeropen.com/articles/10.1007/s12544-016-0219-3.

[23]  Jessica Cicchino, “Designers must make vehicles safe for everyone-not just drivers and passengers”, IIHSHLDI (June 20, 2024), https://www.iihs.org/news/detail/designers-must-make-vehicles-safe-for-everyone–not-just-drivers-and-passengers#:~:text=Insight-,Designers%20must%20make%20vehicles%20safe%20for%20everyone%20%E2%80%94%20not%20just%20drivers,designed%20with%20pedestrians%20in%20mind.

[24]  Johns Hopkins Bloomberg School of Public Health, “A National Investigation of the Impacts of Lane Width on Traffic Safety: Narrowing Travel Lanes as an Opportunity to Promote Biking and Pedestrian Facilities Within the Existing Roadway Infrastructure” (Nov. 2023), https://narrowlanes.americanhealth.jhu.edu/report/JHU-2023-Narrowing-Travel-Lanes-Report.pdf.

[25]  Id.

[26]  Johns Hopkins Bloomberg School of Public Health, “Narrow Lanes Save Lives: A Way to Make our Communities Safer & Healthier” (accessed Dec. 2024), https://narrowlanes.americanhealth.jhu.edu/.

[27]  Id.

[28]  Id.

[29]  National Highway Traffic Safety Administration, “Pedestrian Safety Zones” (accessed Dec. 2024), https://www.nhtsa.gov/book/countermeasures-that-work/pedestrian-safety/countermeasures/other-strategies-behavior-change/pedestrian-safety-zones#:~:text=Pedestrian%20safety%20zone%20programs%20can,problem%20within%20a%20limited%20area.

[30]  Id.

[31]  Governor’s Traffic Safety Committee, Law Enforcement (accessed Dec. 2024), https://trafficsafety.ny.gov/law-enforcement.

[32]  Id.