Factors Considered When Determining Liability In A Pedestrian Accidents


According to the New York City Department, driver inattention and failure to yield are the most common causes of pedestrian accidents. Whether this is being distracted from talking or texting on a cell phone, changing the radio station, or trying to eat or apply makeup while behind the wheel, these and other factors play a large role in helping to determine liability in a pedestrian accident. Unfortunately when these accidents occur, pedestrians often suffer serious or even life-threatening injuries that can forever change their lives. If you have been involved in a pedestrian accident and have questions about how your case will proceed, always consult with an experienced pedestrian accident lawyer to discuss your options.

Who Was at Fault?

When pedestrian accidents occur, police and the courts will look closely at who was considered to be at fault for the accident. For example, if alcohol or drugs may have been a factor, the court will rely heavily on the officer’s testimony as well as the police report containing the driver’s blood-alcohol level. However, it is also possible that while under the influence, the driver also violated various traffic laws, such as failure to yield to a pedestrian in a crosswalk. By working with a skilled pedestrian accident attorney who can use police reports to their advantage, you can receive substantial compensation for your injuries.

Pedestrian Negligence

While in most of these cases the driver is negligent or careless, there may be times when the pedestrian also contributed to their accident. Examples can include:

  • Failing to use marked crosswalks
  • Disregarding traffic signals at intersections or crosswalks
  • Jaywalking

While this may sound like it could potentially doom a case, that is not always the result. In fact, it is somewhat common for multiple parties to be responsible for the accident. In these situations, the court will examine all factors to determine what if any compensation should be awarded to the victim. Due to these complexities, always rely on a pedestrian accident attorney who has a track record of success in these cases.

Sidewalks and Roads

In some situations, a pedestrian may be hit by a driver in part due to poor conditions of the road or sidewalk. If this is the case, not only can the driver be held responsible for damages, but so can the city department that had responsibility for maintaining the road or sidewalk in a safe manner. When this occurs, always try to take photos if possible of the road or sidewalk to give to your pedestrian accident lawyer. By doing so, you can greatly strengthen your case and chances of receiving compensation for medical bills, lost wages, property damage, and pain and suffering.

Since these and other factors such as speeding may play a role in the pedestrian accident in which you were involved, do not trust your case to an attorney who has no experience handling these cases. Instead, schedule a consultation with a knowledgeable pedestrian accident attorney who will get you the compensation you deserve.

Categories: Medical Legal