Q: Do the same laws apply to bicycles as motor vehicles?

A:  The same privileges and laws apply to bicycles and users of skates and skateboards as apply to drivers of motor vehicles. Bicyclists also have the same responsibilities as motor vehicle drivers to follow traffic regulations on the roadways. The League of American Bicyclists outlines the basic principles behind the bicycle laws in all 50 […]

Q: I was hit by a car coming out of parking garage. Who is at fault?

A: The driver of a vehicle when entering or exiting from an alleyway, building, private road, parking garage or driveway must yield the right-of-way to any pedestrian on a sidewalk. According to the National Highway Traffic Safety Administration (NHTSA), one out of every five car accidents occurs in parking garages and parking lots. If you are […]

Q: Where should pedestrians safely walk or jog on highways?

A: Pedestrians and joggers should utilize a sidewalk when a sidewalk is available. When no sidewalk is available, pedestrians should safely walk along the left side of the roadway or shoulder facing traffic approaching from the other direction. When a vehicle approaches, the pedestrian should move as far to the left as practicable. Pedestrians are […]

Q: Where should I cross if there is no crosswalk?

A: Pedestrians should always try to utilize crosswalks when available, but id there is no crosswalk, pedestrians are required to yield to all vehicles on the roadway before crossing. Even a crosswalk requires care A study published in 2013 found that pedestrians struck by cars in New York City were most often hit while in the crosswalk, […]

Q: When unsafe conditions exist, where should I walk?

A: When unsafe conditions exist or there is no sidewalk, a pedestrian may use the road to walk, but must walk on the left side of the roadway facing traffic. Where sidewalks are available and they may be used safely, it is unlawful for a pedestrian to walk along the roadway. “Rules of the Road” to avoid […]

Q: Whose fault is an accident if I wasn’t in a crosswalk?

A: We all have an obligation to be safe, pay attention to what’s on the road and follow traffic rules and laws. That includes motorists, bicyclists, motorcycle riders and pedestrians. If there is no crosswalk, a pedestrian must yield the right-of-way to all vehicles on the roadway. New York State is a “pure comparative fault” […]

Q: Do drivers always have to stop for me in a crosswalk?

A: When there is no traffic control signal, drivers must yield the right-of-way to pedestrians in the crosswalk. In addition, every driver approaching an intersection or pedestrian crossing must yield the right-of-way to a pedestrian accompanied by a guide dog or using a white or metallic cane. New York traffic law also says: “whenever any vehicle […]

Q: If a negligent bicyclist hits me, whose insurance is responsible?

A: If the negligent bicyclist has homeowner’s coverage, and you were injured while walking or running, liability claims could possibly be applied to the homeowner’s policy. Medical expenses would have to be paid through the victim’s own medical insurance.   If you are are injured in a car accident while walking, jogging or riding a bicycle, […]

Q: Who has the right of way, pedestrians or bicyclists?

A: When traffic-control signals are not in place, bicyclists must yield to pedestrians crossing the roadway within a crosswalk. However, if there is not a crosswalk, pedestrians are required to yield to all vehicles on the roadway. Pedestrian “Rules of the Road” from the Governors Traffic Safety Committtee: Just like motorists, pedestrians are expected to follow […]