In busy metro areas like New York, pedestrian accidents, unfortunately, represent a common occurrence. Pedestrian accidents in New York occur for various reasons. When you suffer injuries in a collision with a motor vehicle while crossing the street in New York, understanding your legal options can help you pursue financial recovery for your harm and loss.
Common Causes of Pedestrian Accidents in New York
Many pedestrian accidents happen due to negligent driving. Some of the top causes include:
- Distracted driving
- Failure to yield at crosswalks
- Speeding
- Reckless driving
- Driving under the influence
- Running red lights or stop signs
However, pedestrians can also contribute to accidents with their own negligence, including due to careless behavior such as:
- Distracted walking (e.g., looking at a cell phone, listening to music on headphones)
- Disregarding pedestrian or traffic signals
- Crossing outside of intersections or marked crosswalks (jaywalking) without yielding to vehicular traffic
Certain environmental factors can also play a role in causing pedestrian accidents in New York, including:
- Poor lighting
- Visual obstructions (parked vehicles, construction barriers, street stands)
- Inadequate road signage or signals
- Adverse weather conditions, such as heavy snow or fog
Who Bears Liability for a New York Pedestrian Accident?
In most cases, a driver who hits a pedestrian will bear fault for the accident. However, a pedestrian may also share responsibility for an accident due to their negligence or violation of traffic laws. New York follows a pure comparative negligence system, under which a partially at-fault party can still pursue an injury claim despite their partial fault. However, any percentage of fault that a pedestrian may bear for an accident that injured them may reduce their financial recovery by the same proportion.
Other parties may also share responsibility for a pedestrian accident, such as a motorist who illegally stops or parks their vehicle, creating a visual obstruction for other drivers and pedestrians.
Legal Options for Injured Pedestrians
A pedestrian who gets hurt in a collision with a vehicle may have several options for recovering compensation, including:
- Personal injury protection: New York’s no-fault insurance system requires drivers to carry personal injury protection coverage, which helps pay for medical bills and lost wages after an accident involving a motor vehicle, regardless of who bears fault for the accident. A pedestrian may file a claim with their insurance company if they have an auto policy, or seek PIP coverage from the driver who hit them.
- Liability coverage: When a pedestrian’s injury losses exceed the limits of PIP coverage, the pedestrian might file a claim against the at-fault driver’s liability insurance coverage. Filing a liability claim may also allow a pedestrian to recover compensation for losses not covered by PIP, such as pain and suffering.
- Personal injury lawsuits: Should the driver’s insurance company refuse to settle, an injured pedestrian might file a personal injury lawsuit against the driver to recover compensation.
How a New York Pedestrian Accident Lawyer Can Help
A pedestrian accident lawyer can help you recover compensation after a collision with a motor vehicle in New York by:
- Investigating your case to recover evidence, such as police crash reports, surveillance video, and witness testimony
- Documenting your expenses or losses caused by your injuries
- Evaluating your legal options for recovering compensation
- Negotiating with insurers or pursuing legal action in court
Contact a Pedestrian Accident Attorney Today
When a negligent driver hits you while you cross a street in New York, you may have the right to hold them accountable for your injuries and losses. Contact McCann Legal, PC today for a free, no-obligation consultation with a personal injury lawyer to learn more about your legal options after you get hurt in a pedestrian accident in New York.