| Read Time: 3 minutes | Pedestrian Accidents
comparative fault in New York

Approximately 300 pedestrians are killed and 15,000 injured by cars on New York’s roadways each year. Despite the numerous precautions to keep pedestrians safe, these accidents continue to happen at an alarming rate.

But it isn’t just New York drivers who are always at fault; pedestrians often share some blame for their accidents. If you suffered injuries in a pedestrian accident, you may wonder if you are entitled to compensation.

What if you weren’t paying attention when you were hit? What if you were in a crosswalk despite the sign saying to stop? Read on to learn how to prevail on a pedestrian accident claim and how the rule of comparative fault in New York could affect your lawsuit.  

How to Prevail in a Pedestrian Accident Claim

Prevailing on a pedestrian accident claim involves establishing the four required elements of a negligence claim. Your attorney will gather relevant evidence to prove that the driver was negligent at the time they hit you. Doing so includes showing: 

  • Duty. Drivers owe pedestrians a duty of care to operate their vehicles in a reasonable manner to avoid harm to others. 
  • Breach. Drivers breach this duty of care when they engage in unreasonable behavior such as texting while driving, speeding, or driving under the influence of drugs or alcohol. 
  • Causation. The driver’s breach must have caused the accident and the pedestrian’s injuries and other losses. 
  • Damages. The pedestrian injured in the collision must have suffered damages. 

Proving these essential elements requires the help of an experienced personal injury attorney. The rule of comparative fault in New York may also play a role in collecting compensation. 

What Is New York’s Comparative Negligence Rule? 

In New York, comparative negligence is an essential rule of law impacting personal injury cases. Under this law, a party may recover damages even if they bear fault for their accident. If you are 99% at fault, you could still recover 1% of your damages. Both parties can share part of the blame in an accident, even in pedestrian accidents.

So, what is an example of comparative negligence? An example of comparative fault involving a pedestrian may occur when a pedestrian enters an unmarked crosswalk at an intersection, looks down at their phone, and ignores their surroundings. At the same time they enter the crosswalk, a driver runs a stop sign and hits the pedestrian. Although the driver ran a stop sign, the pedestrian was distracted and not paying attention to their surroundings while entering an unmarked crosswalk. 

In this situation, comparative fault involving a pedestrian may reduce the compensation awarded due to their negligence in causing the collision. Your attorney can work to minimize the impact of New York’s comparative negligence rule on your case by showing that the driver was responsible for causing your injuries. 

Common Causes of Pedestrian Accidents 

Pedestrian accidents occur unexpectedly and under various circumstances. The most common causes of pedestrian accidents in New York include the following:

  • Distracted driving. Texting while driving, talking on the phone, reaching for objects inside the car, or eating and drinking take a driver’s eyes off the road, even for a few seconds, increasing the risk of an accident.
  • Speeding. Drivers who speed are less likely to have enough time to stop if they encounter a pedestrian on the road. 
  • Failing to yield. Rolling through stop signs, ignoring traffic signals, and failing to yield to a pedestrian’s right of way often leads to catastrophic collisions. 
  • Driving under the influence of drugs or alcohol. Driving under the influence of alcohol and drugs reduces a driver’s reaction time and judgment, creating a dangerous risk of a collision. 
  • Low visibility. In inclement weather conditions such as heavy rain or fog, it is more difficult for a driver to see a pedestrian enter the roadway and avoid a collision in time.  

Understanding the cause of our collision helps your attorney determine who may be liable for your injuries. Pedestrian accidents are life-changing events that physically harm the pedestrian the most. It’s vital to get the compensation you need and deserve, so speak to an attorney as soon as possible to explore your options for compensation. 

Contact Us 

At Glugeth & Pierguidi, P.C., we have over three decades of experience preparing cases and intelligent strategies to get our clients the results they deserve. We understand how accidents can cause sudden and life-changing injuries. When your injuries result from someone else’s negligence, you may have a right to file a claim to seek monetary compensation.

It can be challenging for victims of accidents to get back on their feet after suffering catastrophic losses and an inability to work. We listen to your story to prepare a successful strategy for negotiating and litigating on your behalf. We aim to achieve fairness, justice, and the maximum compensation you deserve for your injuries. 

Author Photo

David Pierguidi and Jared Glugeth understand how hard it may be for you and your family following an accident resulting from someone’s negligent actions. Get the medical treatment you need right away and then call our law firm at any time of day for answers to your questions.

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