New York Pedestrian Negligence

If you have recently been involved in a vehicle accident because a pedestrian seemingly came out of nowhere or otherwise may have engaged in an unsafe manner that ultimately caused an accident, you may be able to pursue personal injury compensation. While the vast majority of accidents like this involve a driver who was not paying attention or operating the vehicle safely striking a pedestrian, there are situations in which a pedestrian could be found negligent. Hiring the right pedestrian negligence lawyer in New York is crucial if you intend to pursue a claim like this because you will need to illustrate clear evidence that the pedestrian was irresponsible and negligent.

A driver who is involved in an accident with a negligent pedestrian may pay the price in the form of critical injuries. A driver who attempts to swerve to avoid a pedestrian may sustain whiplash, a traumatic brain injury, fractures, or broken bones. Many other injuries may also apply if you are hurt in a pedestrian negligence accident. The right New York pedestrian negligence accident attorney can tell you more about how to proceed with an appropriate claim. One aspect of personal injury law in New York that confuses many different people is the establishment of liability.

A driver may not be held liable in the event of an accident in which the injuries exceed the no-fault insurance provided to both parties in a crash. This is why it is extremely important to illustrate when a pedestrian may have been negligent. Negligence refers to a party's failure to act in a reasonable manner.

If a person's negligence is tied to causing another individual's injuries, then the negligent party could be held liable for damages in a lawsuit filed by a New York pedestrian negligence lawyer. As it relates to pedestrian accidents, an attorney for a driver or an insurance company will argue that the driver was not negligent. It is the job of the personal injury attorney to show that the pedestrian’s negligence led to the injury and not the negligence of the driver. Negligence can be found on the part of the pedestrian. An evidence turned up by the insurance companies, the driver or the pedestrian negligence attorney in New York may try to illustrate such negligence. If a pedestrian is hit by a vehicle while crossing a street in an area that has not been marked as a crosswalk, then the pedestrian might be assessed for contributory negligence. This means a careful evaluation of the percentage of fault assigned to the pedestrian and the damages owed to that pedestrian can be reduced dependent on his or her percentage of fault. If the pedestrian is found to be more than half at fault for the accident itself, that person may not be entitled to recover compensation. In the event that they are determined to be less than 51% at fault for the accident, the pedestrian could still receive compensation as well as the injured driver and passengers but the compensation owed to the pedestrian may be lower. It is rarely a simple matter to determine pedestrian negligence in New York. Hiring a New York pedestrian negligence attorney is your only avenue for conducting a comprehensive evaluation and investigation to figure out who may have been responsible. Negligent pedestrians are out there and when they cause the injuries that ultimately turned a driver or passenger's life upside down, the careful illustration of how the accident unfolded can make a significant difference in your ability to recover compensation. Consulting with the right lawyer is necessary for filing an injury claim and recovering full and fair compensation for the medical conditions you have developed as a direct result of a pedestrian’s negligence. Do not hesitate to take action as you have a limited period of time in which to recover compensation.