Pedestrian accidents can have devastating consequences for the pedestrian, the driver, and the vehicle’s occupants. It is a common misconception that the driver of the vehicle is always at fault. Sometimes, the pedestrian might actually be the one who caused the accident.
In those situations, you may be able to file a personal injury case to hold the pedestrian liable for your injuries and other damages. Keep reading below to learn exactly what happens when a pedestrian causes an accident.
Most accident claims are based on negligence. This means that someone’s negligent or careless behavior caused the accident. Proving that a pedestrian was at fault for your accident requires proving their negligence.
Negligence generally requires proof of the following elements:
There are many types of pedestrian conduct that can be found negligent if they cause a car accident.
Common things that pedestrians may do that result in an accident include:
Remember that negligence must be proven by a preponderance of the evidence to win a civil claim for damages. This means that you must have enough evidence to prove that your version of the facts is more likely true than not.
In some cases, neither the driver nor the pedestrian may be at fault. There could be a third party who is responsible for your damages.
Third parties may include:
For instance, imagine a property owner fails to install any signage or markings to stop or slow down drivers in a pedestrian-heavy area. If a pedestrian is hit by a vehicle, the property owner could face liability for negligence.
In some situations, both the driver and pedestrian may share some of the fault. The good news is that New York follows a pure comparative negligence rule. This means that your own negligence will not bar you from recovering compensation for your injuries. Even if you share some of the fault for your accident, you may still be able to recover damages from the other at-fault party.
Under New York’s pure comparative negligence rule, you may still recover damages even if you were 99% at fault for your accident. However, your recovery will be reduced by your portion of the fault. For example, imagine that you were hurt in a pedestrian accident, but you are found to be 40% at fault. Your financial recovery can be limited to just 60% of your total damages.
If you have been hurt in a pedestrian accident (either as a pedestrian or vehicle driver), proving liability and getting compensation can sometimes be challenging. Seeking help from an experienced personal injury lawyer is often the best way to fully understand your legal rights and maximize your financial recovery.
The attorneys at Passalacqua & Associates, LLC, have 50 years of combined experience helping accident victims get the justice they deserve.
For more information, please contact our pedestrian accident lawyers in Utica & Syracuse at Passalacqua & Associates, LLC to schedule a free consultation today.
We proudly serve Utica, Syracuse, and the surrounding areas in New York:
Passalacqua & Associates, LLC – Utica
7 Hopper St, Utica, NY 13501
(315) 500-6425
Open 24hrs
Passalacqua & Associates, LLC – Syracuse
499 S Warren St #220, Syracuse, NY 13202
(315) 500-6425
Open 24hrs
Passalacqua & Associates, LLC provides legal representation for individuals facing personal injuries and criminal charges. Our attorneys offer compassionate guidance and aggressive strategies, and we’re committed to achieving the best possible outcomes. We’ll protect your rights and navigate legal complexities on your behalf.
Passalacqua & Associates, LLC proudly serves clients in Utica, Syracuse, and the surrounding upstate New York communities. We are dedicated to providing accessible and effective legal services to those in need of experienced personal injury and criminal defense representation within these regions.