Determining Fault in a Pedestrian Accident
If you were hit by a vehicle and seriously injured while walking, you may be concerned about your legal options. The other driver may have blown through a stop light, or maybe you were crossing a busy intersection when the “Don’t Walk” sign was flashing. Either way, determining fault in a pedestrian accident is crucial to how much compensation you may or may not receive. Here is what you should know:
Determining Fault in a Pedestrian Accident
Serious pedestrian accidents aren’t uncommon in New York, especially in areas that are extremely crowded. So, how can a victim determine who is at fault for the accident that caused their injuries? While there are laws that protect pedestrians and give them the right of way in many circumstances, it’s important that you schedule a free consultation with our New York pedestrian accident lawyer. The facts surrounding these sorts of personal injury claims can be different. Those facts can help a lawyer determine who is responsible for your injuries.
Determining Fault in a Pedestrian Accident
Additionally, the police who respond to the scene will also take a report. Make sure that you get the report number from the officer and pull a copy of it. This will also help you and your lawyer determine who is at fault for what happened to you. Medical records, talking to witnesses, and working with an accident reconstructionist are also helpful tools to determine who is at fault. It’s imperative that you and your lawyer are able to build a strong case that supports your claim.
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Determining Fault in a Pedestrian Accident
If the pedestrian is inside of a crosswalk and they followed the signs or signals that told them that they may cross the street, the driver may hold most or all of the fault. Even if there are no signs or signals present at a crosswalk, New York drivers are legally required to yield and give the pedestrian the right of way. Of course, we know that doesn’t always happen. It’s very important that pedestrians are extremely careful when they are crossing the street.
Determining Fault in a Pedestrian Accident
If the pedestrian isn’t in a crosswalk at the time of the accident, there will be other things that must be considered. For example, was there a crosswalk and the pedestrian chose not to use it? Did the pedestrian attempt to cross the street in a way that would be considered reasonably safe? If the pedestrian attempted to cross the street in a way that most people would consider safe, they may still be compensated for their injuries. If the pedestrian acted in a way that is considered extremely reckless, they may not be able to receive financial compensation.
If you need legal assistance determining fault in a pedestrian accident, please contact our experienced New York pedestrian accident lawyer today for a free consultation.