How To Prove Driver Negligence in a New York Pedestrian Accident
Pedestrian accidents involving motor vehicles happen quite a lot in the United States of America. According to research, more than 7,000 pedestrians are killed in traffic collisions in the U.S. annually. Often, when a pedestrian accident does not result in death, it will result in severe injuries like traumatic brain injuries, broken bones, and spinal cord injuries. Apart from physical pain, if you were hit by a car while walking, you are likely dealing with emotional distress, significant medical bills, lost income, and many other damages and losses. Proving the driver who hit you was negligent is a crucial step toward getting the justice and compensation you deserve. This article discusses how to prove driver negligence in a New York pedestrian accident.
Why Is Proving Driver Negligence Crucial After a Pedestrian Accident?
In New York, when a pedestrian is hit by a vehicle, they can file a personal injury claim and seek compensation. However, the driver’s insurance company will not offer a fair settlement unless you can clearly prove that their insured’s negligence caused your accident and resulting injuries and damages. If you can successfully establish fault, you may be recover compensation for, among others;
- Medical expenses
- Lost income
- Pain and suffering
- Emotional distress
Without proof of fault, you may be denied compensation. You could even be blamed for the accident. That is why it is vital to build a strong case.
What Is Driver Negligence?
In the context of pedestrian accidents, driver negligence generally involves failing to operate a vehicle in a safe manner around pedestrians, resulting in injury or death to a pedestrian. Here are some common examples of driver negligence in pedestrian accidents;
- Failing to yield the right-of-way at crosswalks
- Running red lights
- Speeding
- Distracted driving
- Drunk driving
How To Prove Driver Negligence
In New York, pedestrian accident victims must establish four basic elements of negligence;
1. Duty of care: The driver had a legal obligation to look out for your safety
2. Breach of duty: The driver violated their obligation
3. Causation: The breach caused the accident.
4. Damages: You suffered actual harm (physical and/or financial)
Successfully proving these elements requires strong, clear evidence. Below are some of the types of evidence you can use in your New York pedestrian accident case;
- The police report: May contain critical findings about the cause of the accident and note if the driver violated any traffic laws.
- Video footage: Dash cams, traffic cameras, or surveillance cameras may have captured the accident.
- Witness testimony: People who saw your accident can help corroborate your version of events.
- Medical records: Medical documentation can help link your injuries to the accident and prove the extent of your damage.
- Expert witnesses: Professionals such as accident reconstructionists can explain what happened and who is liable.
The Comparative Negligence Rule
Under the state’s comparative negligence law, you can still recover compensation even if you were partially at fault for your pedestrian accident. However, your damages will be reduced by your percentage of fault. For instance, if you are found to be 30% at fault, you’ll recover 70% of your damages.
Contact Us for Legal Help
For help proving driver negligence in your pedestrian accident, contact our experienced Long Island pedestrian accident attorneys at Jacobson Law at 631-661-2030.
Source:
iihs.org/research-areas/fatality-statistics/detail/pedestrians#:~:text=A%20total%20of%207%2C314%20pedestrian%20deaths%20occurred%20in%202023.