It is an unfortunate fact of life that simply walking down the street can result in an injury. Even if you are being careful and paying attention to crosswalks, walk signals, and pedestrian walkways, you can still be hit by cars.
Most of the time, these accidents are entirely the fault of the driver, but there are still cases where the pedestrian may take some of the blame. This makes it important to create a thorough claim to show the driver was at fault. Working with a Bronx pedestrian accident lawyer could be the best way to do this. By obtaining an experienced personal injury attorney, you could have an ally who understands how to build effective claims.
Most pedestrian accidents involve wrongdoing by the driver, but in general, these actions do not constitute a criminal act meant to hurt the walker. However, accidental injuries can still be the source of a civil suit.
Because the collisions are typically accidents, they are pursued using the legal theory of negligence. For a plaintiff to win a claim based on negligence, they must prove three main elements:
• The driver had a duty of care
• They breached the duty of care
• That breach was the proximate cause of injury
A person can only be negligent if they have a duty to care for the plaintiff. This is rarely an issue in a pedestrian accident case because all drivers assume a duty to care for all other people—including pedestrians—they may encounter on the road.
The plaintiff also needs to prove that the driver breached this duty of care. In other words, that they were responsible to some degree for the accident. Finally, it must be shown that the accident directly caused the injuries sustained by the plaintiff. A skilled lawyer could help with establishing fault in a bicycle collision case.
Some pedestrian accidents occupy a gray area of the law. Even if a pedestrian is crossing the street while using a crosswalk, they may have crossed against the light. Other factors such as traffic density, the weather at the time of the crash, and the clothing the walker was wearing may contribute to the accident as well.
Any Bronx pedestrian accident attorney must take all the facts of the incident into account to fully evaluate the merit of the claim. Even if the pedestrian contributes to the accident, though, this may not completely bar recovery.
New York employs a concept of law known as comparative negligence. This means that a plaintiff can contribute any amount of blame to the accident and still recover damages. For example, a jury may award the plaintiff $10,000 in damages but also find the plaintiff was 25 percent at fault for the accident. In this case, the plaintiff would recover $7,500 in damages.
Suffering an injury while walking can be one of the most unexpected yet serious causes of injuries. A walker has no protection in a collision that a person in a car may be afforded and the resulting injuries can be life-changing or fatal.
As a result, plaintiffs should expect their attorney to understand the full effect that this accident had on their life. A Bronx pedestrian accident lawyer could listen to your concerns and pursue your claims for their full value. Call today to explore your options.