The party that directly caused the collision through negligence is liable for a pedestrian accident in New York. In many cases, drivers hold responsibility for these accidents, but pedestrians may also cause a crash.
A Long Island pedestrian accident lawyer can review your situation if someone strikes and injures you. Your attorney can identify the responsible party and hold them accountable for covering all of your losses.
Are Drivers Responsible for Pedestrian Accidents?
Drivers hold liability for many pedestrian accidents. Motorists have a responsibility to watch for pedestrians and yield to individuals in crosswalks, for example. They also have a duty to check their blind spots in parking lots and other locations where they share space with pedestrians.
Drivers who fail to take adequate care behind the wheel cause many crashes. If a driver hits you while engaging in reckless or negligent behavior, they may need to pay for all of your losses.
You can learn more about who is liable in a pedestrian accident with your Long Island personal injury lawyer.
When Is a Pedestrian at Fault for a Car Accident?
Pedestrians can cause car accidents if they:
- Step out onto a road without checking for traffic
- Cross a road outside of a crosswalk (jaywalk)
- Ignore traffic signals when crossing a road
- Walks in an area prohibited for pedestrians
Pedestrians may take other dangerous actions around vehicles and cause collisions. While motorists have a responsibility to drive safely, they may not hold liability if a pedestrian walks in front of them without a crosswalk or any prior warning.
What Determines Pedestrian Accident Liability?
The actions taken by all involved parties before a crash will determine liability for a pedestrian accident. An attorney will need to investigate to find the responsible party for a collision, using evidence to demonstrate one party’s negligence.
Depending on the circumstances surrounding a crash, an attorney may:
- Visit the scene of a pedestrian crash
- Get a copy of the police accident report
- Speak to all eyewitnesses
- Visit local businesses and request their surveillance footage
Taking these steps can help a lawyer determine the exact causes of a pedestrian crash in order to determine who is liable in a pedestrian crash and bring clients compensation for all of their losses.
What Happens if You Get Hit by a Car While Walking?
Your decisions will determine what happens if a car hits you while you’re walking. Generally, legal professionals recommend that you immediately report your accident to the police, gather evidence if possible, and seek medical care for any injuries you sustain.
Pedestrian accidents often have catastrophic results. These crashes can cause broken bones, concussions, spinal cord injuries (SCIs), paralysis, and other severe health conditions. Getting fast medical care can establish that the accident caused your injuries.
You should also reach out to a lawyer for help. An attorney can explain the steps you need to take to get funds to cover your losses. You’ll have a chance to file a legal claim for fair compensation if you get hit by a car while walking.
What Evidence Can You Collect After a Pedestrian Accident?
You can take pictures of your injuries and the vehicle that strikes you after a pedestrian crash. Lawyers also suggest getting contact information from all eyewitnesses and writing down precisely what happened during the collision.
However, the severity of your injuries may prevent you from collecting any evidence at the scene. In this situation, you can rely on your lawyer to collect information about what happened to cause your accident.
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Do You Need to Sue the Liable Party for a Pedestrian Accident?
You may get the compensation you need after a pedestrian accident without filing a lawsuit in some cases. Instead, your attorney could focus on negotiating with the insurance company to bring you a fair settlement.
Settling out of court may allow you to get the compensation you need more quickly. However, insurance companies can refuse to make fair settlement offers in some situations. In these cases, your attorney may file a personal injury lawsuit on your behalf.
You Have Limited Time to Seek Compensation From the Liable Party
New York uses a three–year statute of limitations for most pedestrian accident claims. You need to pursue compensation before this deadline expires, or the court can dismiss your request for damages.
Fortunately, you can contact a personal injury law firm for help immediately after a crash. An attorney can provide detailed information about your specific deadlines and address all your legal concerns.
Talk to Us About Liability for Your Pedestrian Accident
Who is liable in a pedestrian accident? The party that caused the crash through some kind of negligent behavior will hold liability for a collision. Our team at Levine And Wiss can identify the party responsible for your accident and push them to cover your losses.
We have over 100 years of combined experience and stand ready to put you first. Learn more about us and then reach out for help with your personal injury claim.
