How to Prove Fault in a Pedestrian Accident in New York

Pedestrian accidents, although all too common in New York and throughout the nation, are always traumatic, frequently resulting in catastrophic injuries or fatalities. When a pedestrian is struck by a vehicle, it is never a “fair fight.”

If driver negligence or recklessness is proven to be the cause of the accident, the pedestrian is entitled to substantial damages for their medical care, loss of income, and pain and suffering. Nonetheless, proving the motorist’s liability, and dealing effectively with the judicial process, are jobs that require an experienced pedestrian accident attorney.

Proving the Motorist’s Fault

Having the right legal advocate when dealing with a pedestrian accident is critical for a successful outcome. In order to prove the other party’s fault, your attorney must establish that:

The motorist had a duty of care to others on the road
The motorist breached that duty
The breach directly resulted in your injury
Your injury resulted in financial damages

Selecting a Strong Attorney Is Essential To Proving Fault

A capable attorney will prove the above elements by:

Investigating your case, including all medical records and any history of previous driving violations of the defendant
Interviewing witnesses
Determining liability
Filing a claim in a timely fashion
Handling all communications with insurance providers and opposing attorneys
Consulting with experts (both medical and accident reconstruction) who will testify on your behalf
Negotiating an out-of-court settlement if possible
Representing you at trial if necessary to recover maximum damages
Providing you with ongoing legal and moral support

As you can see, having the services of an accomplished attorney is invaluable to validating your claim.

Understanding Pedestrian Right of Way Laws

Understanding pedestrian right-of-way laws is critical for both drivers and pedestrians. Although there are minor differences from state to state, in all states, pedestrians have the right of way at crosswalks and intersections, even if there are no stop signs or traffic signals.

In addition, drivers must yield to pedestrians who are already in the process of crossing or who are about to enter the crosswalk. These rules, designed to ensure that pedestrians have ample time to cross safely, also help to delineate who is at fault when a pedestrian accident occurs.

If the pedestrian was struck while crossing legally, the driver is likely at fault. Conversely, if the pedestrian was jaywalking, fault may be shared or even attributed to the pedestrian.

The Importance of Gathering Evidence at the Accident Scene

Collecting evidence as soon as possible after a pedestrian accident is critical to establishing fault. By creating a detailed picture of the incident, evidence can support your claim and ensure that key details are preserved and/or recorded. Valuable evidence typically includes:

Photos of vehicles and pedestrian injuries
Witness statements
Surveillance videos of traffic signs and signals
Record of road and weather conditions
iPhone records from the driver, if texting is a factor

If you are too badly injured to gather evidence, don’t worry. Your competent attorney will take over the task.

Police Reports Are Essential in Establishing Fault

Police reports are critical to the process since they are the official account of the accident, including the officer’s observations, statements from both parties and any citations issued. A police report is especially helpful if the officer's recorded opinion is that the driver was at fault.

Comparative Negligence Laws and Their Implications

As mentioned, a pedestrian can be deemed partially responsible for a pedestrian accident or, under rare circumstances, entirely at fault. Depending on which state your accident occurs in, you may or may not be eligible for damages if you bear fault.

While in some states, you will be allowed a percentage of court-awarded damages even if you bear the bulk of the fault for your injury, in others, you may be denied compensation altogether if you bear any fault. This is why it is crucial to have an attorney who has the skill set and in-depth knowledge of state law in the accident location.

Damages Your Attorney Will Fight To Recover

Your lawyer, depending on the nature of your injury, will fight to bring you funds to cover:

Medical and rehabilitative costs
Lost income (present and future)
Replacement services
Physical pain and emotional anguish
Permanent disability or disfigurement
Loss of enjoyment of life
Wrongful death losses

If your case involves comparative negligence, your lawyer will be persuasive in convincing the court that your fault was minimal so that you receive the largest amount possible. If you have endured the tragedy of losing a loved one in a pedestrian accident, your lawyer will work tirelessly to bring you the settlement you deserve for final medical costs, funeral and burial/cremation expenses, and loss of financial and emotional support.

The Takeaway

Since pedestrian accidents are never “fender benders,” they always demand serious attention. If you have suffered injuries in a pedestrian accident, you need more than excellent medical care. You also need the resources to sustain you during your recovery and as you restart your life. Give yourself the best chance of achieving this goal by contacting a sharp, compassionate attorney who will prioritize your best interests.