According to the most recent data from the National Highway Traffic Safety Administration, a staggering 7,522 pedestrians lost their lives in traffic crashes on public roads in 2022 (NHTSA). Liability usually falls on the driver, who has a higher duty of care. However, there are times when these accidents also occur due to the negligence of a pedestrian. They may be jaywalking, texting, or darting into traffic to catch a bus. However, it is still possible to recover compensation in New York because it follows a pure comparative negligence standard regarding liability. If you’ve been hurt in a pedestrian accident and are concerned because you may bear partial responsibility, it’s wise to contact a skilled and experienced personal injury lawyer.
Friedman, Levy, Goldfarb, Green & Bagley, P.C. is one of the premier personal injury law firms in New York City. If you are looking for a lawyer to fight for your legal rights and seek full and just compensation for your injuries, then you have come to the right law firm. When you sustain severe injuries due to another party’s negligence, we invite you to call us to arrange a consultation at no cost to you. Our personal injury attorneys will aggressively pursue all possible avenues to obtain the compensation you need to heal after a pedestrian accident.
When Are Pedestrians Potentially At Fault for an Accident?
As noted, liability usually falls on the driver, who has a higher duty of care than a pedestrian. However, typical examples where pedestrians might be partially at fault include the following:
- Jaywalking: Crossing the street outside designated crosswalks or against traffic signals can disrupt traffic flow and lead to accidents.
- Intoxication: According to the Insurance Institute for Highway Safety (IIHS), in 2021, 38% of pedestrians aged 16 and older killed in pedestrian accidents between 9:00 pm and 6:00 am had blood alcohol concentrations (BACs) at or above 0.08%.”
- Distraction: Using cell phones, wearing headphones, or being otherwise distracted diverts attention from changing traffic conditions, inclement weather, and hazards such as construction, which can be dangerous for both drivers and pedestrians.
- Traveling on Highways or Restricted Areas: Despite clear signage and warnings, some pedestrians ignore restricted zones. Whether it is a construction site or a busy highway, they venture into areas where pedestrian access is prohibited.
- Sudden Movements: Pedestrians who suddenly dart into the street to catch a bus or retrieve something they dropped can catch drivers off guard, leaving them with little or no time to react, increasing the likelihood of an accident.
Understanding Pure Comparative Negligence in New York
New York is a pure comparative negligence jurisdiction. Under this standard, the state allows the plaintiff to claim damages, even if they are 99 percent at fault. Their damage awards are based on the percentage of fault determined by the court.
For example, a pedestrian crossing a busy road while texting is hit by a speeding car. Even if they are found to be 40 percent at fault for texting, they can still recover 60 percent of their damages and losses. However, a $100,000 damages award is reduced to $60,000 in this scenario.
Potential Compensation
If you were injured in a pedestrian accident, you may be eligible for compensation to cover losses from the incident, including economic and non-economic damages. Economic damages are the hard costs that are easily quantified with receipts, bills, and invoices, including but not limited to:
- Emergency room visits and hospital stays
- Surgeries and medical procedures
- Rehabilitation and physical therapy
- Medications and medical supplies
- Future medical care for long-term injuries
- Lost wages and future lost wages
- Reduced earning capacity
- Property damage
Non-economic Damages
Non-economic damages refer to the soft costs which are more subjective, such as pain and suffering, and are calculated using one of two methods. The first one uses a multiplier chosen by examining multiple factors, such as the severity of injuries, the length of recovery, and the effect of these injuries on quality of life. A longer recovery and more severe injuries generally result in a higher multiplier, usually between 1.5 and 5.
A per diem method uses the length of recovery time as the starting point for calculating pain and suffering damages. Using this method, an attorney chooses a per diem amount based on factors similar to those that influence the multiplier method.
Non-economic damages may include embarrassment or humiliation, a form of mental anguish, post-traumatic stress disorder (PTSD), reduced quality of life, reduced enjoyment of life, and disfigurement or scarring.
Average Settlement for Pedestrian Accidents
The average settlement for a pedestrian hit by a car varies widely. Generally, the more severe the injury and its impact on the accident victim’s life, the higher the settlement. Consulting an experienced attorney can offer a better idea of what kind of settlement to expect based on the specific fact patterns of the accident.
Steps to Take After a Pedestrian Accident
Knowing what to do after a pedestrian accident is essential. Take the following steps to strengthen your case and ensure your health and well-being:
- Seek Medical Attention: Prioritize your health by getting medical care immediately, even if your injuries seem minor. Prompt medical attention ensures your well-being and provides the necessary documentation for your personal injury claim.
- Report the Accident: Contact the police and file an accident report. This report may be crucial for insurance purposes and potential legal action.
- Collect Information: If you can, gather details from the driver, including their name, contact information, insurance policy number, and vehicle registration. Also, collect contact information from witnesses.
- Document Everything: Keep detailed records of all medical treatments, travel expenses to appointments, e.g., rehabilitation, physical therapy, and any correspondence related to the accident. This documentation will support your claim.
- Consult a Lawyer: Contact a pedestrian accident lawyer at our firm as soon as possible. We can explain your rights, obligations, and options under the law, helping you make informed decisions on how to proceed with your case.
Common Injuries Caused by Pedestrian Accidents
Pedestrian accidents often result in severe injuries because they do not have the protection afforded to the occupants of a vehicle. The force of impact from a vehicle can cause catastrophic harm, including the following:
- Head injuries (concussions, contusions, skull fractures)
- Spinal cord injuries
- Broken bones and fractures
- Soft tissue injuries (Sprains, strains, bruises, and lacerations)
- Internal injuries
- Amputations
Traffic-related pedestrian injuries are a growing public health threat worldwide. The global economic cost of motor vehicle collisions and pedestrian injuries totals $500 billion. The seriousness of pedestrian accident injuries underscores the need for an aggressive personal injury lawyer who will fight for the rights of the accident victim to recover the compensation they deserve.
How Our Experienced Lawyers Can Help
Pedestrians harmed by the negligence of other parties, even if they bear partial responsibility, should consult a New York pedestrian accident lawyer. They will thoroughly investigate the accident, negotiate with insurance companies who often try to minimize or deny compensation, and represent them in court if settlement negotiations fail to achieve a fair and reasonable amount. By seeking the help of our team, injured victims can confidently navigate the legal process, knowing that their rights and interests are being vigorously defended.
Schedule a Free Consultation
At Friedman, Levy, Goldfarb, Green & Bagley, P.C., we have achieved a reputation as distinguished litigators committed to seeking justice for our clients. Schedule a free, no-obligation consultation today if you’ve been harmed in a pedestrian accident. Since we work on a contingency fee basis, you will not pay attorney’s fees unless we win compensation for your injuries.
