Every year, motor vehicles kill around 300 pedestrians and injure 15,000 in New York State. A car hitting a pedestrian can be a life-changing event for everyone involved. It could mean hospitalization, disabling injuries, and a mountain of medical debt for the person struck and a costly lawsuit for the driver. Often, the vehicle’s driver is legally liable for the collision, but that isn’t always the case. One of the first steps can be seeking the help of a pedestrian accident attorney and consulting on if you may have grounds for a lawsuit.
How Is Liability Determined in New York State?
In a collision, legal liability can be established by determining which party, if any, acted negligently. Whether walking or driving, everyone using public streets has an obligation under the law to act with due care. Among other things, this means paying attention to one’s surroundings and following all applicable laws. If someone breaches their duty of care, they may be considered negligent and therefore liable for any harm that results.
When Is a Driver at Fault for a Car Accident?
Section 1146 of the Vehicle & Traffic Code places the responsibility on the driver of a vehicle to “exercise due care.” Even if they are otherwise following the law, a driver may still be considered negligent if they act carelessly while driving.
In Smith vs. the State of New York, the Court of Claims ruled that every driver “has a duty to see what there is to be seen through the use of his or her senses.” Here are some circumstances under which a driver may be at fault:
- The driver was under the influence of drugs or alcohol
- The driver was speeding or maneuvering recklessly
- The driver didn’t give sufficient space to a pedestrian exiting a vehicle
- The driver did not yield the right of way to a pedestrian legally crossing at a crosswalk
- The driver did not obey traffic signals
- The driver was texting or otherwise distracted
When Is a Pedestrian at Fault for a Car Accident?
A pedestrian also has a responsibility to exercise due care and obey traffic laws when walking on a roadway or crossing a street. Pedestrians engaging in reckless or illegal behavior may be liable for their own injuries in a collision and may not be entitled to damages. Here are some examples:
- The pedestrian did not cross at a marked crosswalk
- The pedestrian did not yield the right of way to traffic when required
- The pedestrian was walking in the street when a sidewalk was available
- The pedestrian was walking on a highway or interstate
- The pedestrian ignored traffic signals
What Is Contributory Negligence?
New York State is a “contributory negligence” state, meaning that, in some cases, both parties can share in some of the blame. If the party that prevails in the suit is found to be partially at fault, the damages may be adjusted accordingly. For example, if a pedestrian did not look before opening a car door and someone struck them while driving too close, both parties may share some of the blame.
Talk to a Lawyer
If you live in Queens, NY, area and were injured in a collision, contact the Law Offices of Barry M. Goldstein for a consultation today.
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