In a recent report, the Tri-State Transportation Campaign found that outside of New York City, Westchester, NY has some of the most dangerous roads for pedestrians in the state.
How Negligent Drivers Cause Pedestrian Accidents
When it comes to the law, the term negligence is used when someone fails to fulfill an obligation that they had to another person. When speaking about car accidents, every driver has the obligation to behave in a way that will ensure they have done everything within their power to keep others safe. But as we all know, drivers frequently make poor decisions that leave others seriously injured. Accidents in which negligent drivers frequently injure pedestrians include:
Failure to check the area directly behind a car while backing up results in reverse collisions, often in areas like parking lots. Even at just a few miles an hour, a car can cause serious injuries to the person unlucky enough to be hit.
Failing To Yield
Crosswalks exist for a reason but the lines painted on the pavement can’t magically force a driver to come to a full stop. Drivers who are in a rush frequently fail to yield and hit pedestrians attempting to cross the street.
Failure To Stay In Appropriate Lane
Talking on the phone, texting, eating, and grooming can all lead to distracted driving which may cause a driver to drift outside of their lane and hop up onto the sidewalk, taking out any pedestrians that happen to be in the way.
How Can Pedestrians Recover Compensation?
Many victims of pedestrian vs car accident believe that the driver’s insurance will take care of the losses they have experienced as a result. However, every insurance policy has its limits, and those that are seriously injured often find that they are deep in debt due to an accident that wasn’t their fault.
In order to obtain full compensation, many victims find that their best option is to pursue a personal injury lawsuit.
The Types Of Damages A Pedestrian Can Recover
When a plaintiff pursues legal action against the party responsible for their accident, they may be able to obtain compensation for:
- the cost of medical treatments they received
- wages that they lost due to their injuries
- physical pain and suffering
- emotional trauma
Compensation awarded to the plaintiff is intended to return to them to the state they were in prior to the accident.
Does Jaywalking Prevent A Pedestrian From Pursuing Legal Action?
Even if you were jaywalking at the time of the accident it may still be possible to obtain compensation.
New York is considered a pure comparative negligence state, which means that even if the plaintiff is partially responsible for the accident, they are not barred from recovering compensation. Any amounts that they are awarded, however, will be reduced by a percentage which represents the portion of the accident which was their fault.
If My Loved One Was Killed While Crossing The Street Do I Have A Case?
Every case is different, but it is possible that if your loved one died due to the negligent actions of a driver, you may be able to file a lawsuit. This type of lawsuit is called a wrongful death complaint.
Whenever someone dies in an accident where they would have been able to pursue a personal injury complaint if they had survived, their loved ones have the option of filing a wrongful death lawsuit. If the plaintiff is awarded compensation it may cover:
- any medical expenses for treatments the deceased required before they passed
- any wages lost by the deceased due to the accident and subsequent injuries
- inheritance lost by the heirs of the deceased
- funeral and burial expenses
- the loss of services and support the deceased offered their dependents
For more information contact an attorney today at (877) 721-2884.