Maximizing Your Settlement After a Pedestrian Accident
New York has a distressing and devastating history of pedestrian accidents. When cars and pedestrians cross paths in New York, there is a heightened risk of injury.
New York has a distressing and devastating history of pedestrian accidents. When cars and pedestrians cross paths in New York, there is a heightened risk of injury.
Negligence plays a significant role in most pedestrian accident cases in New York.
According to the National Highway Traffic Safety Administration (NHTSA), causes of pedestrian accidents include:
- Distracted driving
- Speeding
- Traffic congestion
- Failure to yield the right of way
- Crossing a roadway or intersection illegally
- Standing, playing, or working on a road
- Poor visibility
- Parking lot accidents
- Running red lights
- Hit-and-run accidents
- Driving under the influence of drugs, alcohol, or medication
Injured New York pedestrians have the right to seek compensation for their injuries and damages.
An accident victim may file a personal injury claim with the at-fault party’s insurance company or pursue a lawsuit
A Pedestrian accident can change your life in an instant. Pedestrian accident injuries can have an everlasting impact on you and your family.
Car drivers and passengers have seatbelts, airbags, and the vehicle’s sturdy frame to protect them in the event of an accident. Motorcyclists and bicyclists wear helmets and other protective and safety gear while riding. However, pedestrians have no protection when they are involved in an accident. The most common injuries in pedestrian accidents include head, back, and neck injuries, broken bones, soft tissue damage, Spinal Cord damage, Traumatic Brain injuries (TBIs), and internal injuries.
Some occupations in New York are more susceptible to being involved in a pedestrian accident. Police officers, construction workers, street vendors, mail carriers, garbage collectors, and parking officers in New York are more likely to be involved in pedestrian accidents than others.
The Centers for Disease Control and Prevention (CDC) estimates that roughly one pedestrian dies every eighty-eight minutes in the US.
If you or a loved one have suffered injuries in a New York pedestrian accident due to someone else’s negligence, you can count on the expertise and skills of a pedestrian accident lawyer in New York to help you secure compensation for your injuries and other damages.
Pedestrian Laws In New York
In New York, pedestrians have specific duties and rights when using roads.
Pedestrians in New York have the right of way in crosswalks and at intersections with marked or unmarked crosswalks.
In New York, a driver of an automobile emerging from or entering an alleyway, building, private road, or driveway must yield the right of way to any pedestrian approaching on any sidewalk or road shoulder.
New York pedestrians are not allowed on limited-access roads such as expressways and interstates.
Jaywalking is illegal in New York. Many New Yorkers still indulge in jaywalking regularly. Drivers have the right of way when pedestrians cross anywhere other than a designated crosswalk or intersection.
Maximizing Settlements In Pedestrian Accidents
The best pedestrian accident lawyers can maximize the value of your settlement.
Demonstrating and proving negligence in pedestrian accidents is critical for victims seeking justice and compensation.
To prove negligence, an experienced personal injury lawyer will demonstrate that:
- The at-fault party had a legal responsibility (called a “duty of care”) to avoid causing harm to you
- The at-fault party violates (breached) this duty of care
- The breach of duty was the cause of the accident, and
- The accident resulted in your injuries and losses (damages).
In most pedestrian accidents, car drivers are at fault for collisions with pedestrians. However, a pedestrian might be negligent and liable for an accident when:
- The pedestrian crosses a road in an area other than a crosswalk
- The pedestrian fails to obey traffic rules
- A jaywalking pedestrian appears in front of a car without giving a driver enough time to stop.
New York’s comparative negligence system assigns fault according to the percentage of liability each party to the accident bears. In New York, a pedestrian may be eligible to collect compensation even if they are partially at fault for the accident.
Under pure comparative fault laws in New York, even if a victim is ninety-nine percent at fault, they can still recover one percent of their damages.
An experienced lawyer will work diligently to secure compelling evidence and information like:
- Where the accident took place
- The location of crosswalks
- Which party had the right of way
- Witness statements
- Medical records
- Photographs of injuries, property damage, and the crash site
A seasoned New York personal injury lawyer deploys tactical negotiation strategies and leverages their thorough understanding of New York personal injury and pedestrian-related laws to advocate aggressively and assertively on behalf of clients.
Contact A New York Pedestrian Accident Lawyer
New York state government agencies work tirelessly to ensure pedestrian safety by reducing speed limits and introducing strict traffic laws, yet pedestrian accidents continue to rise.
Pedestrian accident victims in New York should not try to resolve their case without a lawyer. It is critical to choose a New York pedestrian accident lawyer with a proven track record of successfully handling a substantial number of pedestrian accident cases and delivering favorable results for their clients.
To learn more about pedestrian accident claims and how an attorney can help you, contact a pedestrian accident lawyer near you for a free case consultation immediately
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