New York has the worst traffic. Vehicle accidents here seem like they’re a part of daily life. What shouldn’t be a part of daily life is the pain and medical expenses suffered because you or a loved one was involved in a crosswalk accident. If you sustained injuries or your loved one died because of a crosswalk accident, contact us. We may be able to get you the damages to help you financially recover from the accident an accident that wasn’t your fault.
What is a Crosswalk Accident?
A crosswalk accident occurs when a motorist hits a pedestrian while they are walking in the crosswalk. A crosswalk accident may happen in several different ways. The motorist may try to drive around the pedestrian and hit them instead. The motorist may be distracted and fail to see the pedestrian. The motorist may speed and hit a pedestrian.
A motorist who injured you or your loved one may have done so because they were negligent. It’s time to get the money you deserve for an accident that wasn’t your fault. Contact today. We’re ready to work hard to prove your injuries occurred because of the motorist’s negligence.
What is Negligence?
Negligence is a fancy legal term for fault. Before any damages can be paid, the question of who was at fault for the accident must be answered. When a person is negligent, they acted in a careless or reckless way and caused harm to someone. For instance, a motorist can be negligent when doing something like running a red light or trying to turn when a pedestrian has the right to walk in the crosswalk. They can also be negligent by not doing something such as failing to yield when the pedestrian is in the walk way.
Can I be at Fault for the Accident?
According to New York law, the answer is yes. A pedestrian can do something such as walk outside the crosswalk or run in front of the motorist as they turn. New York accident law does take into account a pedestrian’s role in the accident. This is called comparative negligence, or comparative fault.
Contact us about your potential accident claim. You may be eligible for money to pay for damages sustained in the accident regardless fault. Let us determine if you have a potential accident claim.
Comparative fault rules allow more than one party to be legally responsible for the pedestrian accident. In New York, a pedestrian can recover damages regardless of their degree of fault. The amount of money awarded will decrease by the percentage of the pedestrian’s liability for the accident.
An example of comparative negligence is if a pedestrian rushes across the street as the motorist turns. The motorist had enough time to stop, but fails to yield to the pedestrian. A jury may award the pedestrian $100,000, but decrease that amount by 20 percent. The percentage is what the jury believes is the amount of fault the pedestrian had in the accident.
Proving Fault in a Pedestrian Accident Claim
A pedestrian who files a lawsuit against a motorist is called a plaintiff. The motorist becomes a defendant. It’s the plaintiff’s responsibility to prove the defendant was negligent by using legal elements. This is how:
• Plaintiff shows defendant had a duty to avoid causing harm to them. Each motorist has a duty to be reasonably careful and avoid causing harm to anyone while driving.
• Defendant wasn’t careful. The motorist breached the duty they had to be reasonably careful because they acted in a way another motorist wouldn’t have in the same situation.
• Defendant caused plaintiff’s injuries. The motorist caused the injuries to the pedestrian as they walked in the crosswalk.
• Plaintiff incurred damages. The plaintiff must show how they incurred damages because of their injuries.
Damages include money for:
• Medical expenses
• Lost wages
• Pain and suffering
• Physical therapy
• Wrongful death
You deserve money for the time you spent away from work and endless hours of recovering from your injuries. If your loved one died because of the accident, you’ve have to endure even more pain and funeral cost. We’re here for you. Contact us to get the peace of mind you deserve.
New York Statute of Limitations on Pedestrian Accidents
Contact us immediately if you’ve been injured or your loved one died in a pedestrian accident. You have two years to file a claim against the motorist. If you don’t file, you lose your right to sue for any compensation. Contact us today for help. We’re ready to start working on your crosswalk accident today.
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