Assigning blame in a collision between a car and a pedestrian may appear simple. But it’s important to understand that a careless pedestrian might make things difficult for a vehicle that is attempting to avoid a collision. As a result, the motorist might run into the pedestrian, veer off the road, or even strike a driver in a moving vehicle.
A number of possible events a number of possible events that could happen when a pedestrian initiates a collision with an automobile. First, a New York pedestrian accident lawyer may be needed to collect compensation because the pedestrian may be held accountable for the harm the driver suffers. Such damages can encompass medical expenses, lost wages, pain, suffering, and property damage to the vehicle.
Instances Of Pedestrian Liability
When a pedestrian is at fault for an accident, the driver may have the option to file a claim against the pedestrian with the assistance of a pedestrian accident attorney. Some scenarios include:
- Using an undesignated crosswalk to cross the street.
- Ignoring traffic signs and signals.
- Walking across the street when intoxicated or using drugs.
- Walking on public streets where it’s against the law to do so.
- Running or darting into the road without paying attention to oncoming traffic.
In these situations, the pedestrian may bear fault for the accident. To obtain compensation, the driver may need to establish that the pedestrian caused the accident and that they were unable to avoid the collision or prevent a wreck. The role of a New York pedestrian accident lawyer is crucial here.
Establishing Liability In A Pedestrian-Caused Accident
Proving the innocence of the driver following a pedestrian accident can be challenging. To establish liability, a pedestrian accident lawyer might need to gather proof that the pedestrian was at fault for the collision.. Evidence in such cases may include:
- Photos or video footage: Surveillance cameras in crosswalk areas or any visual documentation of the accident scene can provide clear evidence of what transpired and who was at fault.
- Eyewitness statements: Testimony from witnesses present at the scene can be valuable to the driver’s case. Witnesses may provide written or verbal accounts affirming the pedestrian’s fault and the driver’s inability to avoid the collision. It is advisable for the driver to gather contact information from witnesses, if possible.
- Expert testimony: In complex cases involving pedestrian negligence or careless actions, accident reconstruction experts may be hired by pedestrian accident attorneys to provide testimony in defense of their client.
Comparative Negligence In A Pedestrian Accident
It is plausible that the driver may share some responsibility for the accident. For instance, a pedestrian may have been jaywalking, while the driver might have been speeding or distracted by their phone, leading to a failure in observing the pedestrian. In cases where both parties bear some degree of fault, a comparative negligence approach may be employed. This entails the pedestrian and driver entering a comparative negligence case, where liability is apportioned accordingly.
Recoverable Damages In A Pedestrian-Caused Accident
Similar to other personal injury cases, victims of pedestrian-caused accidents are entitled to seek compensation for economic and non-economic damages. These may include:
- Medical expenses.
- Lost wages, benefits, bonuses, or tips.
- Physical suffering.
- Emotional or mental distress.
- Property damage.
The value of a claim depends on various factors, including the circumstances of the accident, the parties involved, the extent of losses, and the degree of comparative negligence. Working with a personal injury law firm experienced in handling traffic accident claims is advisable to determine an appropriate settlement value. The New York pedestrian accident lawyer possesses the knowledge to evaluate the value of a case, considering potential future expenses and intangible losses.
Contact Siler & Ingber
It is crucial not to settle with an insurance company or law firm representing an at-fault pedestrian without seeking legal advice about the case’s true value. Accepting a payout without proper guidance from a lawyer could result in missing out on thousands of dollars in potential damages. For fair compensation, contact Siler & Ingber to get help from a skilled New York pedestrian accident lawyer. Call us today for a consultation!