Who is Liable When a Pedestrian is Hit in a Crosswalk?
July 15, 2024 in Blog
Pedestrian accidents in crosswalks can be devastating, often resulting in serious injuries or even fatalities due to the sheer enormity of a vehicle when compared to the fragility of the human body. Determining liability in these cases can make a significant difference when it comes to securing the appropriate pedestrian accident compensation.
Below, the experienced personal injury attorneys at Sullivan Papain Block McManus Coffinas & Cannavo explore the complexities of crosswalk injuries, outline the role of a personal injury attorney, and provide guidance on what to do if you or a loved one is involved in such an incident.
How Do Crosswalk Accidents Happen?
Crosswalks are designed to provide pedestrians with a safe passage across streets and intersections. However, accidents can and do occur, often due to the negligence of drivers. In these scenarios, identifying who is liable is the first step toward seeking justice and compensation for the injured party.
Some of the most common causes of crosswalk accidents include driver negligence, pedestrian negligence, poor road conditions, and weather conditions.
Who is Liable Following a Crosswalk Accident?
Liability in pedestrian accidents is often complex and requires thorough investigation. Generally, the following parties might be held liable:
- Drivers: If a driver fails to yield to a pedestrian in a crosswalk, they are usually at fault. This is particularly true if they are speeding, distracted, or impaired.
- Pedestrians: In some cases, pedestrians might share or bear full responsibility for an accident if they are found to be jaywalking or ignoring traffic signals.
- Municipalities: If poor road conditions, inadequate signage, or malfunctioning traffic signals contributed to the accident, the city or local government might be held liable.
Contacting a Personal Injury Attorney Following a Crosswalk Accident
When you first meet with a personal injury attorney, they will evaluate the specifics of your case. This includes reviewing police reports, medical records, and any available evidence such as witness statements or surveillance footage. This initial consultation will help determine the viability of your case and the potential for securing pedestrian accident compensation.
After gathering all the necessary evidence needed to build a strong case your attorney may reach out to experts to establish liability and prove that the driver or municipality was at fault. This may be done by obtaining traffic camera footage, interviewing witnesses, consulting with accident reconstruction experts, or reviewing medical records and bills.
Compensation in pedestrian accidents may cover various aspects, including medical expenses, lost wages, and pain and suffering. In the most tragic cases where a pedestrian accident results in death, the family of the deceased can seek compensation through a wrongful death claim. This can cover funeral expenses, loss of companionship, and loss of financial support.
If you or a loved one has been injured in a pedestrian crosswalk accident, reach out to the personal injury attorneys at SPBMCC as soon as possible. We can guide you through the legal process with expertise and help you move forward following your injury.
Contact an Experienced NYC Personal Injury Lawyer at SPBMCC Today
Our dedicated litigation support teams are committed to vigorously representing clients in personal injury cases, 9/11-related illnesses, firefighter accidents, car accidents, construction accidents, premises liability, and medical malpractice across New York City, Long Island, Nassau, Suffolk counties, and New Jersey. Contact us today to learn more about our firm or schedule a consultation with one of our experienced attorneys.