If a pedestrian caused an accident, they may be held liable for damages depending on the circumstances. Although pedestrians are often vulnerable to road users, they are still responsible for following traffic laws and acting safely.
When a pedestrian’s negligent actions lead to an accident, they may be liable for damages to drivers, cyclists, other pedestrians, or property. Liability in these cases depends on specific details, state laws, and the evidence establishing fault.
In some cases, a pedestrian’s actions can result in significant financial and personal losses for others involved. When this occurs, the injured parties may pursue compensation for their losses. A Long Island pedestrian accident lawyer can help you determine fault and recover damages for your injuries.
Can a Pedestrian Be Held Responsible for an Accident?
Yes, pedestrians can be held legally responsible if they act recklessly or violate traffic laws, leading to an accident. Although drivers have a duty to watch for pedestrians, pedestrians must also take reasonable steps to avoid causing harm.
If a pedestrian’s actions contribute to an accident, they may be responsible for covering damages, such as medical bills, lost wages, or vehicle repairs. To prove a pedestrian’s liability, it must be shown that their actions were unsafe or in violation of traffic rules. Common behaviors that may establish fault include:
- Jaywalking or crossing outside designated areas: Crossing the street outside a crosswalk or against a signal increases the risk of an accident.
- Sudden movements into traffic: A pedestrian who unexpectedly steps into the road may leave drivers with no time to react.
- Distractions while walking: Pedestrians who are texting or wearing headphones may not notice oncoming traffic or dangerous conditions.
- Walking while impaired: Alcohol or drug impairment can impair judgment, leading pedestrians to act unpredictably or dangerously.
If a pedestrian’s actions contributed directly to an accident, they may be found liable for the resulting damages. A Long Island personal injury lawyer can assist in proving liability following a pedestrian accident.
How Is Fault Determined When a Pedestrian Causes an Accident?
In New York, fault in pedestrian-related accidents is determined based on the concept of pure comparative negligence, which assigns fault based on each party’s contribution to the accident. Under New York’s pure comparative negligence law, an injured party can recover damages even if they are partially at fault, and this rule applies to both drivers and pedestrians.
If a pedestrian is found to be partially responsible for an accident, they may still be able to recover damages. If a pedestrian is 60% at fault for an accident, they may still recover 40% of the damages they incurred. If the pedestrian is found liable, they may be responsible for covering some of the damages to other injured parties based on their degree of fault.
Under New York’s system:
- All parties can recover damages, even if they share fault, as long as they can prove the other party’s negligence contributed to the accident.
- Compensation is adjusted according to each party’s level of fault, allowing partial recovery based on the specific circumstances of the accident.
What Damages Can Be Recovered if a Pedestrian Caused the Accident?
If a pedestrian caused an accident and is found liable, they may be responsible for covering a range of damages, depending on the accident’s specifics and the losses sustained. Common types of recoverable damages include:
- Medical expenses: Liability may extend to covering hospital bills, surgeries, physical therapy, and any other medical care needed by injured parties.
- Vehicle repairs or replacement: If a vehicle was damaged in the accident, the at-fault pedestrian may be responsible for repairs or, in cases of total loss, replacement.
- Lost wages: When injuries prevent the injured party from working, the pedestrian could be held liable for the loss of income.
- Pain and suffering: In more serious cases, injured parties may pursue damages for the pain and emotional distress caused by the accident.
- Property damage: If other personal belongings were damaged, the responsible pedestrian may be required to cover repair or replacement costs.
The exact amount and types of damages will vary by case, and proving these losses may require detailed documentation of the accident and related expenses. A law firm with a proven track record of winning case results will help determine what damages to pursue in your case.
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What Should You Do if You’re in an Accident Caused by a Pedestrian?
If you’re in an accident caused by a pedestrian, taking certain steps can help protect your legal rights and strengthen your claim for compensation. Here’s what to consider:
- Call the police to document the incident. An official report can provide crucial evidence for any insurance or legal claims.
- Seek medical attention even if injuries seem minor, as this establishes medical records and addresses any hidden injuries.
- Collect evidence at the scene, including photos or videos of the accident site, damage, and any visible injuries.
- Gather witness information from anyone who observed the pedestrian’s actions leading up to the accident.
- Report the accident to your insurance company with all relevant documentation, such as the police report and gathered evidence.
Taking these steps helps establish a strong foundation for your case if you pursue a claim against the pedestrian.
Contact a Lawyer Today
Consulting a lawyer after an accident caused by a pedestrian can clarify your rights and help determine the best course of action. An attorney with experience in pedestrian-related cases can help gather evidence, evaluate damages, and negotiate with insurance companies or the responsible party.
Legal guidance can be especially valuable if multiple parties share fault or if comparative negligence laws affect your case. If you’re seeking compensation after a pedestrian-caused accident, Levine And Wiss can provide the support and experience you need. Contact our team today for a free consultation. We’ll fight to help you secure the recovery you deserve.
