What happens if a pedestrian caused an accident depends on who was injured and what damages each party suffered. All injured parties could pursue financial compensation from the negligent pedestrian, while the pedestrian themselves would have access to only a limited amount of compensation.
Our Long Island pedestrian accident lawyer will explain your rights and pursue appropriate compensation.
In This Article
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- If You Were Injured in a Crash Caused by a Pedestrian
- If You Were a Pedestrian Who Caused or Contributed to a Crash
- How Do Pedestrians Cause Accidents?
- What Damages Do Pedestrian Accidents Cause?
- Did a Pedestrian Cause Your Crash? Call Our Accident Injury Attorneys
If You Were Injured in a Crash Caused by a Pedestrian
You might have several options available if you sustained injuries because of a pedestrian’s negligence. These options include:- Filing a personal injury protection (PIP) claim with your own auto insurance. Every driver in New York State is required to carry this policy. (Not to worry if you don’t know whether you have it. If you purchased automobile insurance in New York State, it is part of the policy.)
- Suing the pedestrian. Since it is the pedestrian’s fault that you were injured, you have the right to take legal action against them and compel them to cover the damages they caused.
- Suing a third party. Was the pedestrian only partially at fault, meaning that another party—such as a driver or a manufacturer—also contributed to your injuries? You could file a claim or lawsuit against this third party for additional compensation.
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If You Were a Pedestrian Who Caused or Contributed to a Crash
Pedestrians have little protection against an impact with a motor vehicle, so they are more likely to sustain severe injuries in an accident. When the pedestrian is not at fault—for example, if a car ran a red light and hit someone in the crosswalk—they have a clear right to seek damages from the at-fault party. If a pedestrian causes an accident, they still have the right to pursue compensation under New York Civil Practice Laws & Rules § 1411. However, the damages they collect will be diminished based on the extent of their negligence. For example:- Say a pedestrian suffered a traumatic brain injury in a car accident.
- If the pedestrian was entirely blameless, the car’s driver would have to pay 100 percent of the pedestrian’s losses.
- If, however, a court decides that the pedestrian was 55 percent at fault for the accident, then the driver would only have to pay 45 percent of the pedestrian’s losses.
- Based on the above numbers, the driver could sue the pedestrian for 55 percent of their own damages if the driver themselves are injured from the crash.
How Do Pedestrians Cause Accidents?
In New York State, pedestrians are given the right of way in many circumstances, including when they are in crosswalks and on sidewalks. Even when they do not have that explicit right, it is the driver’s responsibility to do everything possible to avoid a collision. These laws make it comparatively difficult for a pedestrian to be found liable for an auto accident—but it does happen. A pedestrian can cause an accident by:- Running into the road without warning
- Behaving erratically so that drivers cannot accurately predict where the pedestrian will go
- Backtracking—for example, if the pedestrian realizes they dropped something in the crosswalk and runs back to get it after traffic has started moving again
- Weaving between vehicles in heavy traffic
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What Damages Do Pedestrian Accidents Cause?
Pedestrian crashes could result in:- High medical bills, both now and in the future
- Past and future loss of wages and job benefits
- Damage to your vehicle and other valuable property (e.g., a cell phone)
- Physical pain and suffering
- Emotional trauma stemming from physical injuries
- Diminished quality of life, as exemplified by a loss of independence or an inability to perform certain tasks
- Whether you hit the pedestrian head-on or hit something else as you swerved to avoid them
- How extensive your injuries and losses are and how much it costs to address them
- The age and condition of your vehicle
- How much you can earn now versus how much you earned before
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Did a Pedestrian Cause Your Crash? Call Our Accident Injury Attorneys
Friedman & Simon, L.L.P., has already recovered over hundreds of millions on behalf of our clients. We accomplished this by providing each client with attentive, personalized service and fighting aggressively for damages. Call our law firm now: we will tell you what happens if a pedestrian causes an accident and what your rights are in that situation.Call or text (516) 932-0400 or complete a Free Case Evaluation form