Motor vehicle accidents involving pedestrians are treated much like other types of accidents in personal injury proceedings. The first and most important step in recovering compensation for the victim is determining fault. In some cases, determining fault is simple.
When attempting to determine fault in a pedestrian accident, it is important to consider New York laws governing pedestrians. If the pedestrian who was injured was adhering to the law at the time of the accident, it is likely that the driver of the vehicle can be held at fault for the crash. However, if the pedestrian was acting outside of the law, fault may not lie completely with the driver.
New York laws offer different rights to pedestrians under varying situations, including:
Within a crosswalk: If a pedestrian is within a crosswalk, even one without traffic control signals, vehicles must yield the right of way. However, the pedestrian is prohibited from suddenly leaving the curb when a vehicle is so close as to prevent the driver from safely stopping or yielding.
Outside of a crosswalk: Outside of a designated crosswalk, or within an unmarked crosswalk, the pedestrian must yield the right of way to vehicles in the roadway.
On a sidewalk: Drivers emerging from or entering an alley, garage, building, private road or driveway must yield the right of way to pedestrians using the sidewalk to cross the opening.
In roadways: If a sidewalk is available, pedestrians are prohibited from walking in the roadway. If no sidewalk is available, pedestrians may walk along the shoulder of the roadway, if practical.
In general, pedestrians are subject to traffic regulations and must adhere to traffic control signals and signage.
Insurance carriers and judges consider each party’s actions when determining a settlement or a judgment. If either the driver or the pedestrian acted negligently or outside of New York traffic and pedestrian laws, that information may sway a judge or insurance provider for or against a personal injury payment.
If you or a loved one was injured as a pedestrian or bicyclist, and are within your rights, you may be entitled to compensation for any losses resulting from the accident. Compensable losses include medical bills, lost wages, pain and suffering and more.
To discuss your pedestrian accident concerns and gain insight into your legal rights to pursue compensation, consider contacting the attorneys at The Ashley Law Firm in New York. All cases are different and no matter what you think of your chances of success, a simple phone call is free. The Ashley Law Firm offers free consultations, and you will talk to an attorney if you call them because they remain a small firm just so they can talk to anyone in need.