What to Consider After A Pedestrian Is Hit By A Car in New York

Posted: September 25, 2022

city crosswalk

Under New York law, a driver is sometimes obligated to yield the right of way to pedestrians.  Pedestrians who are injured when a driver fails to yield the right of way may be entitled to compensation for pain and suffering. According to the New York State Department of Health, about 300 pedestrians are killed and 15,000 are injured by motor vehicles every year on New York roads.  

Drivers are required to exercise due care when encountering others on the road, including pedestrians. When a driver is not responsible, but is instead negligent or reckless, a pedestrian can sustain a serious injury.  To receive compensation for a personal injury, a pedestrian asserting a claim or lawsuit must establish liability. Negligent driving behavior that can result in injury to a pedestrian includes, but is not limited to: 

  • Failing to yield the right of way; 
  • Inattentive or distracted driving; 
  • Drunk driving; 
  • Speeding or aggressive driving; and 
  • Failing to follow traffic laws or signals, such as red lights. 

Pedestrians themselves can also be held partly responsible for an accident because more than one party can be negligent. In New York this is known as “comparative fault.” Culpable conduct by the injured person can reduce their personal injury recovery in proportion with their degree of fault. A pedestrian accident attorney at William Mattar, P.C. can look at the facts of your case and help determine liability. 

In sum, to establish negligence in a pedestrian accident, the injured pedestrian must prove the driver was negligent. In other words, the driver:  

  • owed  a duty of care ;  
  • breached this duty;  
  • caused the collision, and injuries, as a result of this breach;  and 
  • Resulting damages.  

Need Help After a Pedestrian Accident? Call William Mattar. 

Questions of negligence aren’t always clear-cut. Every case is unique, and an experienced personal injury attorney at William Mattar, P.C. can examine the unique facts to see if you may be entitled to compensation for pain and suffering. Contact us today for a free case evaluation. (844) 444-4444.  

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