Rosenbaum Personal Injury Lawyers | August 28, 2024 | New York City Personal Injury Blog
Pedestrian accidents are common in New York City. In 2023, the city had 105 pedestrian fatalities and 9,034 injuries. In Brooklyn alone, there were 26 pedestrian fatalities and a staggering 3,005 total crashes involving pedestrians.
It is easy to assume that the driver is always responsible for causing a pedestrian accident in Brooklyn, NY. However, pedestrians could share some of the responsibility for the accident or be entirely responsible for causing a traffic accident.
Examples of Pedestrian Liability for Accidents in Brooklyn, NY
Drivers have a duty of care to use reasonable caution to avoid hitting pedestrians. Motorists must obey traffic laws that give pedestrians the right of way. However, pedestrians must also follow traffic laws and have a duty of care to avoid accidents.
Some situations where pedestrians may be responsible for causing an accident include, but are not limited to:
- Failing to follow a traffic signal or pedestrian signal
- Crossing the street in an area other than a designated crosswalk
- Running or darting out into traffic without regard for vehicles
- Walking on roadways and areas where pedestrians are prohibited
- Failing to watch for traffic in parking lots and parking garages
- Walking while intoxicated or impaired by drugs
- Being distracted while walking and/or crossing the street, such as texting and walking
If pedestrians are to blame for an accident, they can be liable for damages. The amount of damages they are liable for depends on their level of fault for causing the accident.
New York’s Contributory Fault Law and Pedestrian Accidents
New York is an at-fault state for personal injury claims. Therefore, if you prove a party is responsible for causing an accident, you can seek compensation for damages from that party. Therefore, if a pedestrian is 100% responsible for causing an accident, they can be held 100% liable for the injured party’s economic and non-economic damages.
However, New York’s contributory negligence statute allows parties to share liability for damages in a pedestrian accident. However, if a victim is partially to blame for causing the accident, they are partially at fault for the damages.
Therefore, if a pedestrian is 50% to blame for causing an accident, any damages they receive would be reduced by that amount under contributory fault. New York takes a pure comparative law approach to contributory fault, so the injured party can recover as long as they are not 100% at fault for the accident.
How Do You Prove a Pedestrian Caused an Accident in Brooklyn, NY?
Proving a driver did not cause a pedestrian accident can be challenging. You must have evidence proving the pedestrian’s actions were a direct and proximate cause of the crash. Evidence an attorney may gather to prove fault for a Brooklyn pedestrian accident includes:
- Eyewitness testimony from people who saw how the accident occurred
- Video evidence from traffic cameras and surveillance cameras showing the accident
- Physical evidence from the accident scene
- Cell phone records proving the pedestrian was texting or using their cell phone when the accident occurred
- Expert testimony from accident reconstructionists and other experts
The burden of proof in a personal injury case is by a preponderance of the evidence. Therefore, if you sue a pedestrian for causing an accident, you must convince the jury that the evidence proves it is more likely than not that the pedestrian was at fault. In other words, there is a greater than 50% chance that the pedestrian caused the accident based on the evidence presented in court.
Damages Recoverable for a Pedestrian Accident in Brooklyn, NY
New York personal injury laws provide economic and non-economic damages for accident victims. Examples of the damages for a pedestrian accident include:
- Medical bills
- Scarring and disfigurement
- Pain and suffering
- Lost wages and benefits
- Reduced earning capacity
- Emotional distress and mental anguish
- Impairments and disabilities
- Out-of-pocket expenses
- Diminished quality of life and loss of enjoyment of life
- Rehabilitative therapies
The amount you receive for a pedestrian accident claim depends on your injuries, whether you are partially at fault for causing the accident, and other factors. Carefully documenting your damages can increase the value of your claim.
Get Help if a Pedestrian Caused an Accident in New York City
If a pedestrian caused your accident, you may have an uphill battle to fight for a fair personal injury settlement. The best way to protect your rights is with the help of an experienced Brooklyn personal injury lawyer. Call Rosenbaum Personal Injury Lawyers today for a free consultation to discuss your case with an attorney.
Contact Our Personal Injury Law Firm in Brooklyn, NY
If you’ve been injured in an accident in Manhattan, NY, and need legal help, contact our Brooklyn pedestrian accident lawyers at Rosenbaum Personal Injury Lawyers to schedule a free consultation. We also serve in Brooklyn and the Bronx.
Rosenbaum Personal Injury Lawyers – New York City Office
100 Wall St 24th Floor
New York, NY 10005
(212) 514-5007
Rosenbaum Personal Injury Lawyers – Bronx Office
1578 Williamsbridge Rd suite 3b
Bronx, NY 10461
(212) 514-5007
(917) 905-2339
Rosenbaum Personal Injury Lawyers – Brooklyn Office
32 Court St #704
Brooklyn, NY 11201
(212) 514-5007
(917) 920-7332