Intersections are the most dangerous locations on the road. Nationally, roughly half of all traffic injuries and approximately one-quarter of traffic fatalities occur at or near intersections. In New York City, the concentration of intersections per mile, the volume of pedestrian and cyclist traffic, and the complexity of turning movements make intersection accidents a defining feature of the city’s road safety problem.
If you are injured in an intersection accident in New York, the legal framework that governs your claim depends on who you are (a driver, a pedestrian, or a cyclist), who caused the collision, and whether your injuries meet the serious injury threshold required to pursue damages beyond no-fault benefits.
Why intersections produce so many accidents
Intersections are where vehicles traveling in different directions cross the same space. Every time a driver makes a left turn, runs a red light, rolls through a stop sign, or fails to yield to a pedestrian in a crosswalk, the opportunity for a collision exists. The most common intersection accidents in New York involve left-turn collisions (a driver turns left into oncoming traffic), right-angle or T-bone collisions (one vehicle runs a red light and strikes another broadside), rear-end collisions (a driver stops for a light and the following vehicle does not), and pedestrian or cyclist strikes during turning movements.
Right-angle collisions are the most dangerous because the struck vehicle absorbs the impact on its side, where there is the least structural protection. A T-bone collision at even moderate speed can cause serious injuries to the occupants on the struck side — traumatic brain injuries, spinal injuries, rib fractures, and internal organ damage.
Determining fault in an intersection accident
Fault in an intersection accident depends on who had the right of way. New York Vehicle and Traffic Law establishes clear right-of-way rules: a driver facing a red light must stop and yield to cross traffic. A driver making a left turn must yield to oncoming vehicles. A driver approaching a stop sign must yield to traffic on the through road. Pedestrians in a marked crosswalk with the signal have the right of way.
When a driver violates a right-of-way rule and causes a collision, the violation is evidence of negligence. A red-light violation captured by a traffic camera, a witness who saw the other driver run the stop sign, or the accident report documenting the other driver’s failure to yield all support the claim.
New York follows a pure comparative negligence standard. If both drivers share fault — if you were speeding when the other driver ran the red light — your damages are reduced by your percentage of fault, but your claim is not eliminated. A driver who is 20% at fault can still recover 80% of their damages.
Pedestrians and cyclists at intersections
Pedestrians and cyclists are the most vulnerable road users at intersections. In New York City, pedestrians account for a disproportionate share of intersection fatalities. A pedestrian struck by a turning vehicle at an intersection has no structural protection and absorbs the full impact.
New York law gives pedestrians the right of way in crosswalks when the pedestrian signal is in their favor. Vehicle and Traffic Law Section 1151 requires drivers to yield to pedestrians in a crosswalk. A driver who strikes a pedestrian in a crosswalk while making a turn is presumptively negligent.
Cyclists at intersections face similar hazards, particularly from right-turning vehicles that fail to check for cyclists in the bike lane. New York City’s Vision Zero initiative has focused on intersection design changes — including protected bike lanes, leading pedestrian intervals, and turn-calming infrastructure — but the fatality numbers demonstrate that the problem persists.
The serious injury threshold for intersection accidents
New York’s no-fault insurance system requires that your injuries meet the serious injury threshold under Insurance Law Section 5102(d) before you can sue the at-fault driver for pain and suffering. This threshold applies to intersection accidents the same way it applies to any other car accident. If your injuries include a fracture, a significant limitation of use of a body function, permanent loss of use, or a medically determined condition that prevented you from performing your daily activities for 90 of the first 180 days, the threshold is met.
Intersection accidents, particularly T-bone collisions and pedestrian strikes, frequently produce injuries that exceed the serious injury threshold. The physics of a side-impact collision or a vehicle-pedestrian impact make serious injuries more likely than in a low-speed rear-end collision.
Evidence in intersection accident cases
Intersection accidents often come down to conflicting accounts — one driver says the light was green, the other says it was red. The evidence that resolves these disputes includes traffic camera footage, surveillance cameras from nearby businesses, dashcam video, witness statements, the police accident report, vehicle damage patterns (which can indicate angle and speed of impact), and electronic data from the vehicles’ event data recorders.
Preserving this evidence quickly is critical. Traffic camera footage is overwritten on a cycle. Surveillance footage from businesses is typically deleted within days or weeks. If you are injured in an intersection accident, report the accident to the police, note the locations of any cameras you can see, and consult with an attorney who can send preservation letters to the relevant entities before the footage is lost.
How Schwartzapfel Holbrook handles intersection accident cases
At Schwartzapfel Holbrook, we pursue intersection accident cases for drivers, passengers, pedestrians, and cyclists across New York City and Long Island. Our investigation begins with preserving the available evidence — camera footage, accident reports, witness statements, and vehicle data — before it disappears. We evaluate the injuries against the serious injury threshold and pursue the full damages available when it is met.
Schwartzapfel Holbrook / Fighting For You