Who Is Liable in a New York Pedestrian Accident?
Being involved in a pedestrian accident is one of the most devastating things anyone can ever experience. Unfortunately, pedestrian accidents happen far too often in New York. If you were hit by a vehicle while walking, you may wonder, “Who is liable for my accident and injuries?” While to some it might seem obvious that the driver of the vehicle is the liable party, liability in a pedestrian accident case is not always that straightforward. Sometimes, liability for a pedestrian accident can be spread around multiple parties, including the pedestrian, which is something you should know if you were involved in a pedestrian accident in New York.
Understanding liability in a pedestrian accident is vital for protecting your rights and ensuring you recover the compensation you deserve. In this article, we explain liability in a New York pedestrian accident.
What Determines Liability?
In a New York pedestrian accident, liability is determined by assessing negligence and whether a party’s actions or inaction contributed to the accident. In New York, different parties have different legal duties that they must adhere to. For example, drivers have a duty to obey traffic laws, yield to pedestrians in crosswalks, drive without distractions, and check blind spots. When a person breaches their duty of care and causes an accident that results in severe injuries, they may be held liable.
Are Drivers Always Responsible for Pedestrian Accidents?
In many cases, drivers are to blame for pedestrian accidents. Common ways drivers breach their duty of care include;
- Failing to yield to pedestrians at crosswalks
- Speeding
- Distracted driving
- Driving under the influence
- Running red lights or stop signs
New York Vehicle and Traffic Law Section 1146 requires drivers to exercise due care to avoid hitting pedestrians. If a driver fails to exercise due care and causes injury to a pedestrian, they may face imprisonment, fines, and legal liability.
Multiple Parties Can Be Held Liable in a New York Pedestrian Accident
Sometimes, multiple parties are responsible for a pedestrian accident. The following are some potential liable parties;
- The driver: If they were negligent, for example, if they failed to yield the right of way, or were distracted driving.
- A third-party driver: A third-party driver may be liable if the accident involves multiple vehicles. For example, if another driver rear-ends a car, causing it to jump forward and hit a pedestrian, the other driver can be held liable (partially or fully)
- The city or municipality: If, for example, the circumstances of the accident involved poorly maintained roads, which contributed to the pedestrian getting hit.
- A manufacturer: If a vehicle defect contributed to the accident.
Can a Pedestrian Be at Fault?
A pedestrian can also be deemed liable after an accident. For example, a pedestrian may share fault if they;
- Cross the road outside of a crosswalk (jaywalk)
- Walk somewhere prohibited for pedestrians
- Step onto the road without checking for traffic
- Ignore traffic signals
Fortunately, under New York’s comparative negligence rule, you can recover damages even if you are partially at fault for your accident. However, in such a case, you won’t recover the full value of your damages, but rather only the portion corresponding to the defendant’s or defendants’ percentage of fault.
Contact Us for Legal Help
If you’ve been injured in a New York pedestrian accident, our Long Island pedestrian accident attorneys at Jacobson Law can help you understand your rights, determine liability, and seek the compensation you deserve. Contact us today to schedule a consultation.
Source:
nysenate.gov/legislation/laws/VAT/1146