I was injured walking as a pedestrian on a road on Staten Island in the greenbelt. There were no sidewalks on either side of the road. The left side of the road had trees and weeds almost up to the lane for moving cars. The right side (walking with the traffic) had more room next to roadway. I was struck by a vehicle from behind. The driver claimed he never saw me. Do I have a claim?
Yes, you have a claim against the driver.
NY Vehicle and Traffic Law § 1146 states that a driver has a duty to keep a careful lookout for pedestrians. A driver has to sound the horn when necessary to warn a pedestrian of danger. A driver does not escape liability because he did not see you. The driver has an obligation to see what there is to be seen.
Walk Against Traffic
Some people believe that people should walk with the traffic when there is no sidewalk on the road. This is wrong. NY Vehicle and Traffic Law § 1156 mandates pedestrians walk on the side of the road against oncoming traffic. However the statute provides that a pedestrian should walk against the traffic “. . . when practicable. . . .” This means that in this particular case, where there is little to no room to walk on a shoulder against the traffic, a pedestrian walks on the side that is safest.
In this case, you said there was very little room to walk against the traffic. It sounds like you would be walking in a lane of travel with no means to escape oncoming cars. Walking with traffic, where there was a shoulder, meant you could get out of way of cars driving on the road. Thus, you have a claim against the driver. He violated the vehicle and traffic law.
By James Santner, Esq.
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