While New York law requires all motorists yield to pedestrians who are crossing the street at a crosswalk, this does not prevent accidents from occurring. People can be injured when a car moves into their walking path or when a car runs a red light and moves into a crosswalk when pedestrians have begun crossing.
If you were walking on a street and were injured by a vehicle, a bike, or another party’s negligence, a Brooklyn pedestrian accident lawyer could help you understand your rights and pursue a fair compensation for your damages. A skilled personal injury lawyer could help you fight to hold the responsible party financially accountable.
State Laws on Pedestrian Accidents
Most collisions between pedestrians and vehicles are accidental. Due to this, a plaintiff generally cannot argue that the driver intended to cause their injuries, even if the driver undertook an illegal activity such as drunk driving. Instead, people injured in accidents generally file negligence claims.
Negligence claims are based on proving the negligence of a defendant. To do this, a plaintiff must first show that they were owed a duty of care by the defendant. All drivers owe a duty of care to everyone else they encounter on the road, including pedestrians. If this duty of care is violated and the plaintiff is injured as a result, the defendant may be held legally liable.
Degrees of Negligence
Determining liability in a pedestrian accident case depends on the actions of the pedestrian and driver. For a negligence case to be successful, a plaintiff must prove the driver acted without regard for the safety of others. For example, if a driver speeds through a light even though they see a pedestrian crossing the crosswalk, a judge in civil court could deem the actions of that the driver as negligent.
However, the fault in a pedestrian accident is often split between the driver and the pedestrian. This means that the pedestrian may share some blame for causing their own injuries. For example, if the pedestrian is hit in a crosswalk not only because a driver sped through a light, but because they started walking before the walk signal indicted their right to walk, they may be deemed partially at fault. In this case, their total award may be reduced.
Common Injuries and Damages in Pedestrian Accidents
Any type of accident between a pedestrian and a vehicle can be serious. When one of the people involved is not protected inside a vehicle of their own, their potential for injury is very high. Even the slightest contact may be enough to push a pedestrian to the ground. A vehicle moving at higher speeds can run over a pedestrian or throw them into the air.
These high-impact forces can cause many serious physical injuries, including:
Any pedestrian accident claim should request damages for the physical impact of a collision as well as the emotional trauma that can result from it. Compensation can provide monetary compensation for mental anguish, rehabilitation, therapy, missed time at work resulting in lost wages, or a disability.
Brooklyn pedestrian accident lawyers understand the profound financial and personal impact that these accidents can have and could work to achieve a positive result in a pedestrian injury case.
How Brooklyn Pedestrian Attorneys Could Help
From investigating accident scenes to representing injured individuals in negotiations with defendants’ insurance companies, an experienced Brooklyn pedestrian accident lawyer could push for a favorable outcome in an injury case. Skilled attorneys could help you pursue compensation that covers the extent of your injuries. Call today to schedule a free review of your case.