New York Pedestrian Accident Failing to Use Marked Crosswalks
Have you recently been involved in a pedestrian accident where the pedestrian is accusing you of being responsible for the incident? However, this may lead to curious questions on your part about whether or not a pedestrian could be held responsible. A failing to use marked crosswalks accident attorney could further investigate the scene and tell you whether or not this may be a powerful defense or whether or not the injuries you sustained in the vehicle accident could be the fault of the pedestrian.
A failing to use marked crosswalks accident lawyer in New York will have extensive experience with the laws and rules relating to pedestrian incidents and will be able to help you navigate the complicated process for recovering maximum compensation in New York. Despite the fact that pedestrians often have the right of way when using crosswalks and crossing the street appropriately, this does not mean that they are free from duty of care owed to drivers.
Pedestrians can actually cause accidents and can cause a driver to suffer life changing injuries. If this has happened to you, you need a failing to use marked crosswalks pedestrian accident attorney in New York, who will take your case and review it in full. These cases are often accepted on a contingency fee basis, meaning the lawyer will only receive his or her fee if they are successful in recovering a settlement or winning at trial for you. This can give you a great deal of peace of mind since you are already swamped dealing with the medical bills associated with the failing to use marked crosswalks accident.
The evidence surrounding such an incident will become extremely important in a case like this. In fact, it may be the only way for you to avoid being named as responsible for the incident. If you can show that the pedestrian was truly responsible because he or she did not cross the street safely or follow the laws, this could be extremely valuable information that could lead to maximum compensation for your injuries.
As a driver, you may have swerved or suddenly stopped your vehicle and hit someone else because you were trying to avoid a pedestrian who seemingly came out of nowhere. A pedestrian who was not following the rules of the road puts everyone at risk and this information should be shared in order for you to fight for a fair settlement.
The National Highway Traffic Safety Administration has shared that every year, nearly 5000 pedestrians die in motor vehicle accidents. However, there are many other accidents that are caused by pedestrians who did not give the required duty of care to drivers and therefore, put those drivers at risk of injuries.
When you are inside a passenger vehicle, there may be a limited opportunity for you to move your car to swerve out of the way when a pedestrian suddenly appears and is hit by your car. This pedestrian may try to blame you for the incident so the proper preparation of evidence and the presentation of it to court is vitally important. Whether injured by a property defect or a vehicle, a pedestrian may be eligible to recover damages for injuries suffered if another person's negligence contributed to or caused of the accident. However, there are situations where other liable parties including the party responsible for maintaining the sidewalk or the pedestrian himself or herself could actually be held responsible.
Pedestrian vehicle accident cases depend on the duty of care that was owed by those involved. Since both pedestrians and drivers have to follow the rules of the road and exercise reasonable care, you need to determine who was negligent as soon as possible after the incident. The courts will look at various factors to determine how the element of negligence counts. An individual who negligently operates a vehicle, for example, could be held responsible for the injuries sustained by the pedestrian, but a pedestrian could be held responsible for breaking the law and darting around the road in a manner that was very unsafe. Since these important facts will determine whether or not you recover maximum compensation for your injuries, you need to hire an experienced accident lawyer who will take your case with care.