A driver is often liable if their car hits a pedestrian in New York. Of course, every pedestrian accident is different, and the circumstances vary with each incident. When in doubt about who is liable when a car hits a pedestrian in New York, meet with a personal injury attorney to review the incident in depth.
Your Long Island pedestrian accident lawyer will look at traffic camera footage, interview witnesses, and read a police report. If you get hurt in a pedestrian crash and a motorist is responsible, your attorney will seek the highest possible recovery from their auto insurance policy.
The Role of Negligence After a Car Hits a Pedestrian in New York
Negligence is a key factor to consider as you figure out who is liable when a car strikes a pedestrian in New York. Below are details about three negligence-related factors that can determine if you can get compensation as part of a pedestrian accident claim or lawsuit.
Driver Negligence
Motorists have a responsibility to yield the right of way to pedestrians in crosswalks and comply with other rules. If a motorist speeds, drives while distracted, or commits other careless or reckless acts, they can cause a pedestrian accident. At this point, the driver can be held responsible for the incident and all associated losses.
Pedestrian Negligence
In the same way that drivers must take precautions, pedestrians must not jaywalk or commit other negligent acts that can lead to accidents. Otherwise, if a pedestrian is negligent, they can be held partially or fully responsible for an accident in which a motorist slams their car into them.
Comparative Negligence
New York has a pure comparative negligence system. With this, a pedestrian and a motorist can share the blame for an accident. If a pedestrian sues a driver for compensatory damages, what they receive in compensation can be reduced by their degree of fault. For example, a pedestrian who is 20% liable for their accident will get 80% of the damages they requested.
Talk with a Long Island pedestrian accident attorney if a car hits you in New York and you want to take legal action against the motorist involved in the incident. Your lawyer can share a guide to 7-figure crosswalk settlements and other resources with you. They can help you prove negligence and, if they are successful, recover damages that serve you well moving forward.
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How to Determine Who Is Liable When a Car Hits a Pedestrian in the State of New York
Speak with a Long Island pedestrian crash lawyer, and they will consider the facts of your accident carefully. Your attorney will look at who was involved in the incident and other factors to determine liability. Next, they may advise you to proceed with an insurance claim or personal injury lawsuit and gather evidence to support your case.
Outside of a motorist, a government entity, or a property owner may be liable for your pedestrian accident. Your Long Island car accident lawyer will identify any liable parties and build an argument designed to prove that you are in no way to blame for the incident. They may use accident scene photos, witness statements, and other proof to strengthen their argument.
New York’s Civil Practice Law and Rules (CPLR) defines the window in which you are allowed to seek compensation from anyone responsible for a pedestrian crash. Per CPLR 214(5), you have three years from the day of your pedestrian accident to pursue compensation from a liable party.
Compensation Available When Someone Else Is Liable for a Pedestrian Accident in New York
Your Long Island pedestrian crash attorney will teach you about the types of damages in personal injury cases in New York. They want you to obtain economic and non-economic damages, including:
- Pain and suffering
- Current and future medical bills
- Loss of income
- Loss of enjoyment of life
Your lawyer will negotiate a settlement with the liable party’s insurer. Unfortunately, insurance settlement negotiations will not necessarily deliver the case results you want. If your attorney does not get a fair settlement, they will encourage you to go to trial. When your lawyer presents your case in court, they will make it clear to a judge or jury why damages are warranted.
The Bottom Line on Who Can Be Held Liable When a Car Hits a Pedestrian in New York
Various parties can be held accountable if a car hits a pedestrian in New York. If you are injured in a pedestrian collision, you have the right to request compensatory damages from any at-fault parties. Long Island pedestrian accident lawyers will guide you through the legal process and put you in a great position to get money from those liable for your losses.
The team at Chaikin Trial Group Personal Injury Lawyers has secured over $100 million in compensation for our clients. We know the challenges that you will face as you try to prove someone is liable for your New York pedestrian accident. Allow our personal injury attorneys to handle your legal matters while you recover from your accident and injuries. Contact us today.
