The novel coronavirus COVID-19 pandemic is keeping most of the US at home, but the New York State Department of Health continues to encourage residents to get out for fresh air and exercise. Many pedestrians are hitting the sidewalks, parks, trails, and other outdoor spaces that remain open. Add to that the number of essential workers heading to work Manhattan, and you’ve got a large number of people still getting around on foot. That means pedestrian accidents are still a very real threat when motorists don’t drive safely and carefully.
However, not all pedestrian accidents are entirely the fault of the driver. People on foot put themselves at risk as well. Just as you can protect yourself from COVID-19 by social distancing and sanitizing, you must do your part to stay safe. Not only do you put your health in jeopardy, but you could harm your claim due to the application of New York’s contributory negligence statute. A New York pedestrian accident lawyer can explain in more detail and help overcome challenges. Some key statistics on these incidents and a summary of the law may also be informative.
Despite public safety campaigns warning of the dangers and tips on how to avoid injury-causing incidents, pedestrian accidents are on the rise in New York State. The Department of Motor Vehicles maintains an online Traffic Safety Statistical Repository (TSSR) that reveals the following upward trends:
Though you may have been on foot at the time, most pedestrian accidents qualify as motor vehicle collisions for purposes of personal injury law. To recover compensation for your losses as a victim, you must prove four essential elements:
Typically, your first step to obtaining monetary damages is to file a claim with the at-fault motorist’s insurance company. This might seem as simple as filling out some forms, but keep in mind that the insurer is a business. Your claim is a threat to its financial interests, so don’t expect prompt payment in full on your claim. Instead, the adjuster will be looking for reasons to deny your claim. Your own contributory negligence could provide just what the insurance company needs to reject payment or offer you a low amount to resolve your claim.
Under New York’s contributory negligence statute, your actions could reduce the amount of monetary damages despite being able to prove the four elements described above. The law provides that, if you were also negligent in causing the pedestrian accident, your compensation will be proportionally lower. For instance, if you would have been entitled to $100,000 in damages, you will receive only $80,000 if it’s determined that you were 20 percent at fault.
Note that contributory negligence works in favor of the insurance company when you’re attempting to negotiate a settlement, but it can also affect your case if you file a lawsuit in court. Once the jury learns that your own negligence was a contributing factor, your verdict could be less.
To illustrate the application of the law, some examples of pedestrian negligence may include:
If you were hurt in a pedestrian accident, you can be sure that the responsible driver’s insurance company will fight your claim on the basis of your own fault. As such, it’s critical to retain experienced legal representation to help you overcome any allegations of contributory negligence. For more information about our legal services, please contact The Mandel Law Firm. You can reach our Manhattan office by calling (646) 770-3868 or checking out our website. We’re happy to schedule a free consultation to review your circumstances and determine how to proceed with your case.
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The Mandel Law Firm will fight for the maximum compensation available to recover after a life-changing accident leaves you or a loved one with serious burn injuries, a permanent brain injury or another catastrophic personal injury. For more details call our New York City wrongful death lawyers at 646-779-1441... View full business profile here: Steven Mandel
