New Jersey requires pedestrians to comply with right-of-way laws. If the pedestrian is at least partially at fault in the accident (for example, jumping onto the road outside a crosswalk, being distracted by text messages, or being affected by drugs or alcohol, for example), insurance companies will reduce the compensation offered. Therefore, if a pedestrian fails to exercise reasonable care in any way, and that failure causes a car accident, the pedestrian will be considered to be at fault. For example, if a pedestrian is hit while recklessly crossing between parked cars and in the path of an oncoming vehicle, and the driver of the vehicle cannot help but hit the pedestrian, the pedestrian will likely be considered guilty of the accident.
Similarly, if the driver of the vehicle had sufficient time to take evasive measures, but those measures resulted in the driver crashing into parked cars instead of hitting the pedestrian, the pedestrian will be liable for any damage to the vehicles and any injury to the driver. When a car collides with a pedestrian, the pedestrian usually ends up with much more significant injuries than the driver of the car. But that doesn't mean drivers are always at fault (responsible) for pedestrian and car accidents. In some cases, pedestrians are partially or totally guilty of an accident.
If a pedestrian suddenly enters a road, the driver of the car may not have time to react in time to avoid a collision. By trying to avoid hitting the pedestrian, the driver can veer into another lane or crash into an approaching car or even knock down the pedestrian he was trying to save. In New York City car accidents, where the pedestrian can be shown to have behaved negligently, the law will most likely find you guilty for the pedestrian accident. In general, if a car, truck, bus, or other vehicle crashes into a pedestrian, they are usually at fault.
If you were injured because a driver was negligent or at fault, you can sue for compensation for your personal injuries. Our pedestrian accident lawyers have successfully represented countless pedestrians who were injured from being hit by a car. Our New York City pedestrian accident lawyers know that if you were a pedestrian crossing the street at a crosswalk, with the light in your favor, then you have the right of way, which means the car has to allow you to finish crossing the street. If you were a pedestrian hit by a car, while you were at the crosswalk, with the light in your favor, then the car is definitely at fault and can sue.
New York City has very strict rules that actually make it a criminal violation for a driver to hit a pedestrian crossing the street, because he was not exercising reasonable care to avoid the accident. Our New York City pedestrian accident lawyers know that if you were at the crosswalk and were hit by a car, the law is on your side. Pedestrians can be at fault for an accident in the same way that drivers can be at fault. For example, if a pedestrian jumps into traffic without looking, a motorist may not have adequate time to react and avoid hitting the person on foot.
If you can prove that the pedestrian acted negligently, you can be held liable for causing a pedestrian accident. Car accidents involving pedestrians don't often occur off-road; and pedestrians are the ones who generally determine when and if they leave a sidewalk or shoulder of a road to enter a roadway. Learn more about how a car accident lawyer can help you and get tips on how to find the right one for your case. Determining who is at fault when a pedestrian is hit by a car requires observing the actions of the driver of the car and observing the actions of the pedestrian.
Certainly, there are accident scenarios where the driver of a vehicle is clearly at fault for hitting a pedestrian. This is why you should consult a competent New York pedestrian accident lawyer if you hit a pedestrian in an accident that wasn't caused by your fault. Pedestrian accidents are a little different because pedestrians aren't required to have PIP insurance. Personal Injury Attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP have worked with several clients who were involved in car accidents where pedestrian negligence caused the accident.
New York is one of the most congested cities in the world, with more than 3,000 pedestrians each year suffering serious injuries in this type of accident. About a dozen states follow a no-fault insurance system, in which everyone injured in a car accident must first seek their own personal injury protection (PIP) insurance, no matter who is at fault in the accident. Pedestrians are more likely to suffer serious injuries in a collision with a car, and most people have grown up hearing that pedestrians have a right. If the driver was also accelerating (going 45 in a 25 mph zone, say), both the pedestrian and the driver would probably be responsible for the accident.
This, along with the natural sympathy evoked by the pedestrian who is likely to have suffered a major injury in the crash, can create a situation where the driver of the car is unfairly forced to pay for an accident that was not his fault. This is particularly true when you are a motorist involved in a pedestrian accident, because the bias remains that drivers are always at fault for these crashes. . .
