When a car and a pedestrian collide, the car wins—thousands of pounds of metal can cause serious and catastrophic injuries, even at very slow speeds. When the accident occurs in a crosswalk, where the pedestrian has the right-of-way, or where the motorist runs a stop sign or stop light, there may be little question of liability. But what happens when a pedestrian crosses the road in the middle of a block? Is the pedestrian out of luck because he or she didn’t cross at the corner? Can the motorist still be held accountable?
The Principle of Comparative Negligence
New York is a comparative negligence State. Under comparative negligence, the jury determines the total amount of damages that an injured person is entitled to, and then apportions responsibility for the accident between the parties. The total damage award is then reduced by the percentage of liability attributed to the plaintiff (injured party).
With respect to a pedestrian accident in the middle of a block, the jury would look at the behavior of both parties to determine if there was negligence on both sides. Eventhough the plaintiff may have crossed the road against traffic and outside of the crosswalk, the defendant may have been speeding, not paying attention at the time, driving while intoxicated, sending text messages or otherwise negligent. A jury will consider the total amount of the plaintiff’s losses for wages, medical expenses, loss of consortium or companionship, and pain and suffering. The jury will apportion fault for the accident. In New York, a “pure comparative negligence” state, the plaintiff will still be entitled to recover damages, even if the plaintiff is mostly responsible. The only instance where an injured pedestrian would not be able to recover compensation is when the pedestrian is exclusively determined to be at fault.
Hire an Attorney
If you have been injured in an accident you will want an experienced team of lawyers to investigate your accident and give you the best possible representation. Being well prepared could make the difference in a strong presentation being made in your case. Your attorney will be able to help you navigate the complex and often confusing insurance coverage that may apply, and will ensure that all critical evidence is gathered, assessed and preserved.
Contact Our Personal Injury Law Firm in Bronx, NY
If you or someone you love has been injured as a pedestrian in a motor vehicle accident, the law offices of Jacob Oresky can help. We handle all pedestrian accident injury claims on a contingency basis. You won’t incur any attorney fees unless we get compensation for your losses. If you need legal assistance, contact the Bronx personal injury lawyers at Oresky & Associates, PLLC at your nearest location to schedule a free consultation. Our phones are answered 24 hours a day, seven days a week. We represent personal injury victims throughout the New York City metropolitan area, including Queens, Brooklyn and the Bronx.
We have two convenient locations in New York:
Prior results do not guarantee a future similar outcome