The Pedestrian’s Responsibilities
New York law states that the pedestrian must:
- Obey traffic control signs, signals, and pavement markings
- Obey lawful orders and directives of law enforcement
- Refrain from entering restricted areas
- Refrain from leaving a curb suddenly or walking into the path of an oncoming vehicle
- Cross the road using the crosswalk, when available
- Only cross intersections at designated crosswalks
Pedestrians have the right-of-way in all crosswalks, and drivers are expected to yield, but pedestrians should yield to drivers when a pedestrian control signal shows any of the following signs:
- A “don't walk” sign
- A red standing figure
- A red hand symbol
Determining Fault in a Pedestrian Accident
As mentioned above, New York is a "no-fault" insurance state. Every driver in the state is required to carry a mandatory "no-fault" insurance policy with up to a $50,000 coverage limit. Even if you were at fault for the accident, you can turn to the other driver's "no-fault" insurance policy to recover economic damages, including medical expenses and lost income.
If the accident resulted in severe injuries, you may file a personal injury lawsuit against the at-fault driver. In order to meet New York’s "serious injury" threshold, you must have suffered:
- Economic losses of more than $50,000
- A bone fracture
- Permanent loss or limitation of a body organ, member, function, or system
- The loss of a fetus
- 90 days of disability
- The death of a loved one
New York operates under a "pure comparative negligence" rule. Under this system, you can still recover damages for your injuries and losses, even if you were partially or mostly at fault for an accident. Keep in mind, the amount of damages you may recover will be reduced by your percentage of fault.
For example, if the judge awarded total compensation of $100,000 against the at-fault party but determined that you were 30% responsible for the accident, your total damages will be reduced by $30,000. Therefore, you can only recover 70% of the $100,000 ($70,000).
The following damages may be recovered by the pedestrian accident victim:
- Medical bills, including future medical treatment
- Lost wages/income and other benefits
- Reduced earning capacity
- Loss of normal life
- Damages for physical pain and suffering
- Mental anguish and emotional distress
- Wrongful death, when applicable
How an Experienced Attorney Can Help
Dealing with the consequences of a pedestrian accident can be difficult and emotional. If the accident results in serious injuries, hospitalization, and missed time at work, the accident can affect your physical, financial, and mental health. Thankfully, you don't have to face these challenges alone. Retaining an experienced personal injury attorney is the first step toward protecting your rights and pursuing rightful compensation.
At Raskin & Kremins, we have the necessary resources and experience to help you hold the responsible party accountable for your injuries. Our experienced pedestrian accident attorneys will review all the facts surrounding your situation, conduct a thorough, private investigation, and work to establish fault. As your legal counsel, we will help negotiate a fair settlement with insurance providers and guide you through every phase of the legal process. Our team will fight on your side to protect your rights and help you seek fair financial compensation for your injuries.