With the bustling foot traffic of New York City, accidents involving pedestrians are more common than they might be elsewhere. While crashes are usually blamed on drivers, there are situations where pedestrians themselves contribute to accidents. If you find yourself in such a situation, consulting with a pedestrian accident lawyer can help you understand your rights and options. So, what happens if a pedestrian caused an accident?
What Happens If a Pedestrian Caused an Accident?
Contrary to popular perception, pedestrians can cause accidents, or at least be partially responsible for them, and New York law holds them accountable when they do. New York law imposes a “duty of care” on all individuals, including pedestrians, which means everyone must act reasonably, obey traffic laws, and avoid foreseeable harm to themselves and others.
Breaching this duty through negligent actions can make a pedestrian liable for part or all of the damages caused by an accident. Common instances of pedestrian negligence include:
Disregarding Traffic Signals
Ignoring stop signs, crosswalks, or pedestrian walk signals constitutes negligence for a pedestrian.
Distracted Walking
Texting, using phones, or engaging in activities that divert attention from the immediate surroundings can hinder a pedestrian’s ability to react to approaching vehicles.
Intoxication
Walking while under the influence of alcohol or drugs impairs judgment and coordination, increasing the risk of accidents.
Reckless Conduct
Actions like jaywalking, darting into traffic, or ignoring safety barriers demonstrate a willful disregard for foreseeable risks and can significantly contribute to accident liability.
Comparative Negligence in New York
New York follows a “comparative negligence” system, which means responsibility for an accident is apportioned based on the percentage of fault each party bears. For instance, if a pedestrian jaywalks into traffic and is struck by a driver who was speeding, the pedestrian might be found 60% at fault for the accident for jaywalking, while the driver would be 40% at fault for speeding. Pedestrians found partially or fully responsible for an accident may face several consequences that can impact their ability to claim damages:
Reduced Compensation
If a pedestrian is found to be even 1% at fault, their financial compensation for injuries and property damage would be reduced by 1%. For example, if a pedestrian who is 30% at fault sustains $100,000 in damages, they can only recover $70,000 from the other party.
Barred Claims
In extreme cases where the pedestrian is found to be primarily at fault, they may not be able to recover any damages from the other party, even if they sustained injuries.
Potential Cross-Claims
Drivers who suffer damage or injuries due to a pedestrian’s negligence can file “cross-claims” against the pedestrian, seeking compensation for their losses.
Seeking Legal Guidance
In accidents where pedestrians caused or contributed to the incidence, things can get very complicated, very quickly. Consulting with a skilled personal injury lawyer familiar with New York law is the best way to get a good outcome. An experienced lawyer will know how to properly investigate the incident, assess liability, and determine the best course of action.
Whether you are a pedestrian facing potential claims or a driver seeking compensation from a negligent pedestrian, having an experienced lawyer who can advocate for your rights will ensure a fair and just outcome. Contact the Law Offices of Barry M. Goldstein right away if you’ve been in an accident anywhere in the New York Metropolitan Area.
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