A speeding car swerved to miss me while I crossed and hit another car: am I responsible in New York?

Attorney Answer

Possibly in part, but the driver's speed counts against the driver. New York divides responsibility for a crash among everyone whose carelessness contributed to it, and a pedestrian who was never touched can be one of them. Where you were crossing matters most: in a crosswalk without a working signal, the driver had to yield to you; anywhere else, you had to yield to traffic. And a driver who creates an emergency by speeding is not ordinarily excused for how they reacted to it. If anyone makes a claim against you, send it to your homeowner's or renter's insurer.

Where you were crossing. Vehicle and Traffic Law § 1151:

(a) When traffic-control signals are not in place or not in operation the driver of a vehicle shall yield the right of way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk on the roadway upon which the vehicle is traveling, except that any pedestrian crossing a roadway at a point where a pedestrian tunnel or overpass has been provided shall yield the right of way to all vehicles.

(b) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impractical for the driver to yield.

And outside a crosswalk, § 1152(a):

(a) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right of way to all vehicles upon the roadway.

You say you stopped before the center line as soon as you saw the car. That fact matters, and so does exactly where you were when you stepped out.

The driver's speed. Vehicle and Traffic Law § 1180(a):

(a) No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing.

A driver who swerves to avoid a sudden danger may point to the emergency doctrine, but it applies only to a sudden and unforeseen emergency not of the driver's own making (Caristo v. Sanzone, 96 N.Y.2d 172 (2001)), and a driver is not ordinarily excused for an emergency created by their own negligence, such as excessive speed (Rivera v. New York City Tr. Auth., 77 N.Y.2d 322 (1991)). Whether the speed created the emergency here would be a question for a jury.

How responsibility is shared. Under CPLR 1411, each party's conduct is weighed against everyone else's, including the speeding driver's, and a party's own share of the fault affects what that party can recover.

Your own fright. New York allows a person who was not physically hurt to recover for emotional harm only in narrow circumstances. The Court of Appeals' rule covers someone who was in danger and saw an immediate family member seriously injured (Bovsun v. Sanperi, 61 N.Y.2d 219 (1984)); watching strangers' cars collide generally falls outside it.

What you can do

1. Write down exactly where you were crossing — a crosswalk or not, any signal — where the cars were, and what you saw, while you remember it. Photograph the spot.

2. Note the names of any witnesses, and ask nearby businesses quickly whether their cameras caught it.

3. If an insurer for either driver contacts you, report it to your homeowner's or renter's insurer before giving a recorded statement.

4. Keep every letter you receive about the crash.

⏱ Time limits apply. A driver who claims you caused the crash generally has three years to sue under CPLR 214. Camera footage near the spot is often recorded over quickly.

A New York attorney can look at the specifics quickly, and most offer a short first conversation at no cost. A few minutes on your actual facts is worth more than any general guidance, this page included.