Pedestrians have a responsibility to watch where they are walking or biking. If you are a pedestrian partially at fault in an accident for walking outside a crosswalk, you can still file an insurance claim for no-fault. Contact our experienced Buffalo auto accident attorneys today to arrange a free consultation.
The fact that someone is walking outside of a crosswalk (or where you wouldn’t expect one to be) is a factor in determining culpability. In New York State we have provisions called “imperative negligence” as opposed to contributory negligence which is in some other jurisdictions. Under contributory negligence, if you are found at fault then your claim is gone. In New York State we have imperative negligence that allows a jury to make a determination as to how much fault you have compared to the vehicle.
So, if you are walking outside of a cross walk there will be one factor the jury will take into consideration when determining who was at fault in the case.
Attorney Robert Maranto is the Managing Partner at Andrews, Bernstein, Maranto & Nicotra, PLLC and has achieved a superb rating on Avvo. Following an auto accident, an insurance company may try to contact you. The insurance company’s goal is simple — to minimize the cost to the insurance company. Insurance companies have little regard for the well-being of injured victims, and they will do everything possible to protect their interests — even when that means asking victims to sign documents or statements without having an attorney review them, or trying to convince victims to agree to a settlement much lower in value than they deserve.
The dedicated Buffalo Personal Injury Lawyers at Andrews, Bernstein, Maranto & Nicotra, PLLC fight for the rights of persons who are injured or disabled. We approach each case on an individual basis and personally assist each client with their unique needs. We are involved in every step of the legal process, and ensure that each case receives the time and effort necessary for success. Contact us today to arrange your free consultation. Let our experience work for you.