The Bronx sees hundreds of pedestrian accidents on its busy streets each year, often leading to serious injuries for residents. Determining liability and legal fault can be complex when pedestrians are hit by a vehicle. With experience handling Bronx pedestrian crashes, attorney Michael J. Redenburg explains liability and when to seek counsel.
Right of Way vs. Duty of Care
In crosswalks, pedestrians typically have the right of way over turning vehicles. However, all road users have a duty of care to act safely, which includes pedestrians remaining alert when crossing. Negligence by any party could potentially factor into accidents.
Driver Negligence
Drivers must always yield to pedestrians in crosswalks and stop for red lights. Failing to observe pedestrian right of way, speeding, aggressive driving, distraction, and intoxication are common examples of driver negligence that could establish liability if a pedestrian is struck.
Pedestrian Negligence
Jaywalking instead of using crosswalks, crossing against signals, failure to watch for oncoming traffic, distraction by devices, and alcohol impairment could constitute negligence by pedestrians. If this negligence directly contributed to the accident, it could reduce liability for drivers.
Poor Street Conditions
Badly timed walk signals that leave people stranded in intersections, poor lighting, lack of crosswalk markings, malfunctioning traffic lights, and unsafe road design could also bear liability when pedestrians are hit. The city may share fault.
Multiple Parties Potentially Liable
Unlike simple two vehicle crashes, pedestrian accidents often involve the interplay of driver responsibility, pedestrian actions, and street conditions. Experienced attorneys consider all potential factors leading to accidents when establishing liability and pursuing injury damages for clients.
Obtain Legal Counsel Immediately
Pedestrian accident liability is highly situational. Do not delay in consulting an attorney after any motor vehicle injury while memories and evidence is fresh. An attorney can launch an investigation, secure footage, obtain police reports, interview witnesses, and fully evaluate liability based on the specific circumstances of your Bronx pedestrian accident. Contact (212) 240-9465 attorney Michael J. Redenburg today for a free case review.
In the wake of devastating pedestrian accidents on Bronx streets, determining legal liability is vital yet challenging. With both driver negligence and pedestrian responsibility potentially at play, experienced personal injury attorneys must examine every facet of how the crash occurred.
Factors like speeding, distraction, right of way violations, jaywalking, poor street conditions and more help establish liability. Strong attorneys apply knowledge of both traffic laws and premises liability to secure maximum compensation for injured pedestrian clients.
Yet in the rush to blame drivers or pedestrians, one party that should share significant liability is often overlooked – the city and its traffic engineers. If pedestrian signals, lighting, crosswalk markings or other street conditions contributed to the crash, holding the city accountable is appropriate.
For families of pedestrians injured or killed in the Bronx, taking swift legal action is crucial, but it must be strategic. Allowing time for investigation, analysis and building evidence to prove liability against all potentially responsible parties leads to optimal case outcomes down the road.
Too often, cities escape responsibility by shifting blame solely to drivers or pedestrians involved. Families suffer without the recompense needed to handle medical bills and other costs flowing from accidents. An experienced Bronx pedestrian accident lawyer levels the playing field.
If you or a loved one has suffered injuries as a pedestrian struck by a vehicle in the Bronx, take these steps now to protect your rights:
– Seek prompt medical treatment and follow all doctors’ protocols for recovery from trauma. Thoroughly document injuries.
– Report the pedestrian accident to police to create an official record. Obtain the police report.
– Take photographs of the accident scene, your injuries, vehicle damage, and any unsafe street conditions.
– Make written notes of all accident details you recall while fresh.
– Gather contact information for any witnesses who saw the crash.
– Request traffic camera footage, store security video, and other recordings that may have captured the accident.
– Consult an experienced Bronx pedestrian accident attorney immediately. Timeliness is critical in preserving evidence.
– Avoid providing any recorded statement to insurance companies; let your attorney handle communication.
– Focus on healing and treatment. Let your lawyer handle the legal aspects and dealing with insurance.
Don’t let the complexities of pedestrian accident liability keep you from obtaining justice. At the Law Offices of Michael J. Redenburg, our Bronx accident attorneys have a proven record of success in recovering maximum compensation for injury victims. Contact us (212) 240-9465 for a free consultation.
FAQ:
Q. Who is typically liable in a Bronx pedestrian accident?
A: Liability often falls on the driver for violations like speeding or distraction. However, pedestrians can share fault for unsafe actions like jaywalking. Poor street conditions maintained by the city may also bear liability. Determining the negligent party requires investigating all circumstances.
Q. How can I show the driver was liable for my pedestrian injuries?
A: By gathering police reports, video footage, eyewitness statements, and other evidence proving factors like the driver speeding, running a red light, not yielding at a crosswalk, or texting behind the wheel. An experienced attorney will compile evidence pinpointing driver negligence.
Q. What if I was partially at fault as a pedestrian?
A: Under New York’s comparative negligence laws, you can still recover damages from a driver even if you were partially negligent as a pedestrian. Your compensation amount would be reduced by your percentage of fault. An attorney can still build the strongest case minimizing your fault.
