Both pedestrians and motorists are required to observe traffic laws, but the failure to do so could prove catastrophic to a pedestrian. If you’ve been injured while crossing the street in New York, you may have the right to seek compensation. This is the case even if the driver claims that you were partially at fault.

At The Saul Law Firm, LLP, we work hard to fight for the maximum amount of compensation that pedestrian accident victims deserve. Have you or a loved one been hurt? Reach out to us today to begin your personal injury claim.

When Do Pedestrians Have the Right-of-Way in New York?

The answer to this question could impact the degree of fault that is assigned to an accident victim, which in turn affects the amount of their compensation. Pedestrians have the right-of-way whenever they cross a road in a marked or unmarked crosswalk. Motorists are always required to use reasonable care whenever driving in the vicinity of pedestrians.

There are situations in which the pedestrian is required to yield to the motorist, including:

  • When trying to cross the street and there is neither a marked or unmarked crosswalk
  • When crossing at an intersection where there is a “do not walk” signal or a red light traffic signal
  • When leaving a sidewalk, curb, or other safe location and suddenly stepping into the path of traffic, when oncoming vehicles would not be able to reasonably yield or avoid a crash

A pedestrian should also use a sidewalk if one is available. If one is not available, then the pedestrian should walk as far over on the shoulder as possible while facing oncoming traffic.

Can a Pedestrian Be Partly at Fault?

Crossing the street illegally or in an unsafe manner may be viewed as negligent, and this fact can be used even against a pedestrian who is an accident victim. If a court determines that the victim shared some blame for the accident, the amount of compensation that the victim would otherwise receive may be lowered. This is where the doctrine of pure comparative negligence comes in.

In New York, when a victim is determined to be partly liable for their own accident (e.g. by crossing the street when there is no crosswalk), the court will assign a percentage of fault to the victim. That percentage is then used to reduce the amount of damages. For instance, if the pedestrian victim would have received $100,000 in compensation, but was found to be 20% at fault for illegally crossing the street, the total damages award is reduced by 20% ($20,000), netting $80,000 for the victim.

The reason this is known as “pure” comparative negligence is that some states bar the victim from receiving any compensation at all if they are found to be 50% or more at fault for the accident. In New York, you can still recover compensation as long as you are less than 100% at fault.

Why Crosswalk Accidents Happen in Garden City, NY

Working with a pedestrian accident lawyer, the victim will have the duty of proving that the at-fault driver was somehow negligent. For this reason, it helps to understand a few of the most common reasons these accidents occur. They include:

  • Failure to yield: A driver who fails to yield to pedestrians in a crosswalk breaks the law, and it can cause a serious accident. Such illegal driving activity is strong evidence that the driver was behaving negligently.
  • Poor visibility: Due to bad weather or low lighting, the driver may not notice a pedestrian in the crosswalk. This does not excuse negligent driving, however; to the contrary, the driver must exercise caution if visibility is poor.
  • Driving under the influence: Intoxication from alcohol or drugs can slow reaction times and cause blurred vision. The driver becomes less likely to see pedestrians or stop in time to avoid a collision.
  • Distracted driving: Drivers who fail to pay attention to their driving can cause all manner of accidents, including those involving pedestrians. Anything that takes a driver’s focus from the road, such as cell phone use, can be a distraction.
  • Crosswalk problems: The pedestrian crossing signals may be malfunctioning or the crosswalk could be poorly marked. This could point to liability on the part of governmental entities responsible for crosswalk maintenance.

Common Crosswalk Accident Injuries

If you’re a pedestrian who has been involved in an accident, your injuries may be far more serious than you realize. Seeing a doctor is critical to protecting your health and ensuring proper recovery. But you might also jeopardize your legal rights if you do not see a doctor immediately.

These are some of the most common crosswalk accident injuries in New York:

  • Traumatic brain injury
  • Spinal cord injury
  • Soft tissue injury
  • Neck and back injury
  • Concussion
  • Broken bones
  • Amputation
  • Internal organ damage
  • Internal bleeding

Possible Damages in a Crosswalk Accident Case

Although every crosswalk accident case is different in terms of the available damages, they usually include:

  • Medical expenses, including for reasonably estimated future bills
  • Disability, adaptive medical equipment, and long-term care expenses
  • Lost wages for time spent recovering from the accident
  • Lost earning capacity if the victim is unable to resume their previous career due to their injuries
  • Pain and suffering
  • Property damage

Fatalities are sadly common in crosswalk accidents, so eligible survivors have the right to seek wrongful death damages from the liable party.

Why Hire a Garden City, NY Crosswalk Accident Attorney?

Pedestrian accident injuries are serious, and could have life-altering results for the victim. Despite this, insurance companies and lawyers representing the at-fault driver will do everything they can to pay the victim as little as possible. When you retain our firm to represent you, we get to work by:

  • Investigating the facts surrounding the accident
  • Acquiring evidence to demonstrate the driver’s liability
  • Identifying any other parties who could be held liable
  • Speaking with witnesses who can strengthen your case
  • Challenging any attempt to shift blame for the accident to you
  • Determining the value of your case
  • Consulting with expert witnesses who can bolster your arguments
  • Representing you during mediation and settlement discussions with the at-fault party
  • Trying your case in court if a fair settlement cannot be reached

Contact Our Garden City, NY Crosswalk Accident Attorney

If you were in a pedestrian accident, your main goal is to get your life back to normal as soon as possible. We want to help you do so by representing your best interests and fighting for the compensation that you deserve. Get started on your case by contacting the Saul Law Firm, LLP today.