Each year, thousands are injured in pedestrian accidents in New York. These accidents are frequently the result of often negligent motor vehicle traffic being required to use the same roadways as pedestrians without any separation between them. When a pedestrian is injured in an accident involving a motor vehicle, who is liable?
While both pedestrians and the drivers of motor vehicles have a responsibility to follow traffic laws and safely navigate the roadways in order to prevent harm to themselves and others, motorists are more likely to be liable when a pedestrian accident occurs due to the increased duty of care that they have. If you’ve been injured in a pedestrian accident, an experienced New York personal injury lawyer can help you determine the source of liability and may even be able to provide services to help you navigate the state’s personal injury claims process.
Motorists Have an Increased Duty of Care in Protecting Pedestrians from Harm
The term “duty of care” refers to the legal responsibility to avoid causing harm to others. Pedestrians are at a disadvantage in collisions involving motor vehicles, as they are not protected by an enclosed steel frame, seat belts, and airbags. They are less visible, a lot smaller, and far more likely to suffer injuries in an accident than those in motor vehicles. Because of these reasons, motorists owe a higher duty of care than pedestrians, meaning that they are also more likely to be liable for accidents.
Some of the types of reasonable actions that drivers of motor vehicles are required to take in order to avoid injuring a pedestrian include stopping at crosswalks, traveling at a safe speed in order to ensure that they are able to stop in time, avoiding alcohol impairment or driving distractions, and other common forms of negligence that result in pedestrian accidents, and using extra caution in areas where pedestrians are known to be. Even when a motorist has the right-of-way and a pedestrian steps into their path, the motorist has a duty to take actions to avoid causing a collision.
How Liability Is Proven In a New York Pedestrian Accident Claim
In order to receive compensation from a personal injury claim after a pedestrian accident, the injured pedestrian and their attorney must be able to show all of the elements of liability, including:
- The at-fault driver owed a duty of care because they were operating their vehicle on a public roadway when the accident occurred.
- There was a breach in the duty of care that the motorist owed, which occurred when the motorists took actions that were contrary to the notion of avoiding causing harm to others.
- This breach in the duty of care was the cause of a pedestrian accident in which the claimant was injured.
There are many types of evidence that can be used to prove fault in a pedestrian accident, including photos or surveillance video from the scene, the testimony of eyewitnesses, and the accident report issued by the police department who investigated the incident.
In addition to proving liability, a pedestrian accident lawyer will also gather and present documentation that proves the expenses and impacts that the claimant incurred as a result of their injury that justifies the established value of the claim.
If You Were Injured In a New York Pedestrian Accident, Contact Dalli & Marino, LLP
Pedestrian accidents can result in some of the most significant injuries a person can suffer. These injuries can lead to permanent disabilities, significant medical expenses, and many other economic or psychological impacts. The legal team at Dalli & Marino, LLP understands the importance of advocating for injured pedestrians and holding negligent drivers accountable for the damages and destruction they cause.
The experienced personal injury lawyers at Dalli & Marino, LLP have been advocating for the rights of the injured in New York for more than 25 years. If you’ve been injured in a pedestrian accident, let our legal team answer any questions you have about your claim and give you information about the services we can provide to assist you as you navigate the personal injury claims process. For your free case evaluation, contact us online or by calling (888) 465-8790. Our team also speaks Spanish.
