Crosswalk accidents involving pedestrians are unfortunately quite common. At The Cassisi Law Firm, our pedestrian accident attorneys can help injured individuals in Queens and the surrounding communities seek compensation from negligent drivers. If you or a loved one has been hurt in the area around a crosswalk, we can advise you on your rights and options.Pursuing Compensation After a Pedestrian Accident
New York law mandates that pedestrians have the right of way in crosswalks. Marked crosswalks provide a separate space from the road in which pedestrians can safely cross the roadway. But the reality is that many pedestrians are injured or killed while crossing in a clearly marked crosswalk, even when the traffic light is in their favor.
Many pedestrian accidents result from the conduct of negligent drivers. Negligence is the failure to act or behave with the same level of care or attention that a reasonable person would have exercised under the same circumstances. To show negligence, the plaintiff must demonstrate that the defendant owed him or her a duty of care. The plaintiff then must show that the defendant breached this duty of care. The breach must have led to the accident in which the victim was hurt, and quantifiable costs and losses must be identified as arising from the collision.
All drivers owe a duty of care to others who may be affected by their conduct, and this duty includes obeying traffic laws and other rules of the road. Under New York law, pedestrians in a crosswalk have the right of way, and vehicles are required to slow or stop to allow them to cross safely. When an accident results from a driver failing to yield or slow for a pedestrian in a crosswalk, that driver may be held liable for damages that resulted from any ensuing harm to the pedestrian.
Compensation that may be recovered in a pedestrian accident lawsuit often includes both economic and non-economic damages. Economic damages refer to medical bills and lost wages, among other forms of objective costs. Non-economic damages include pain and suffering, emotional distress, and similarly subjective forms of compensation.
An important consideration that may be relevant to pedestrian accident lawsuits is New York’s comparative negligence doctrine. This is a theory of law that identifies each party’s percentage of fault. Damages are awarded proportionally, and the amount of damages that are recoverable is diminished in proportion to the negligent conduct of the parties.
It is important to abide by the statute of limitations when bringing a personal injury lawsuit to recover damages. Under New York law, a plaintiff must file his or her lawsuit within three years of the date of the accident. Although there are a few narrow exceptions to this rule, failing to meet the appropriate deadline usually bars any recovery.Enlist a Knowledgeable Queens Attorney for Your Negligence Claim
The experienced car crash lawyers at The Cassisi Law Firm provide guidance to Queens residents and other people in New York who are pursuing legal claims. Contact our office today for a free consultation by calling (718) 441-5050 or submitting our online form. We also have assisted accident victims in Brooklyn and the Bronx, as well as Nassau and Suffolk Counties.