When involved in a pedestrian accident, it is natural to feel overwhelmed and uncertain about your next steps. You may be experiencing worry about medical expenses, lost wages, or how to navigate the legal system. If you are dealing with such a situation, we are here to guide and support you. Our firm understands the confusion and stress you may feel, and we are dedicated to helping you pursue the outcome you deserve.
Understanding Jaywalking and Pedestrian Laws in New York
Jaywalking occurs when a pedestrian crosses a street in an area not designated for crossing or fails to follow traffic signals at intersections. New York City has specific rules in place to regulate pedestrian movement, and jaywalking is considered a violation of these laws. While it may seem like a minor infraction, jaywalking can have a significant legal impact if an accident occurs. In such cases, understanding the nuances of the law and how it applies to your situation is crucial.
New York follows a system known as comparative negligence. This means that fault in an accident can be shared between multiple parties, including pedestrians and drivers. If you were jaywalking when an accident occurred, the law does not automatically prevent you from recovering compensation for your injuries. However, it could reduce the amount you are eligible to receive based on your level of responsibility for the incident. This makes it even more important to have a thorough understanding of your rights and the legal process.
How Jaywalking Impacts Liability in Pedestrian Accidents
Determining liability in pedestrian accidents can be a complex process, particularly when jaywalking is involved. Courts and insurance companies will carefully evaluate the circumstances surrounding the accident to assign fault. Factors such as the speed of the vehicle, the location of the pedestrian at the time of the accident, and whether traffic signals were obeyed by all parties are often scrutinized.
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If a pedestrian was jaywalking, it may be argued that they contributed to the accident. However, drivers in New York have a legal duty to exercise caution and avoid collisions with pedestrians, even if the pedestrian is violating traffic rules. For instance, if a driver was speeding or distracted, they might still bear a significant portion of the fault, even if the pedestrian was jaywalking. This shared responsibility highlights the importance of gathering evidence and presenting a clear account of the accident.
Key Evidence in Jaywalking Accident Cases
In cases involving pedestrian accidents, evidence plays a crucial role in establishing liability. Photos of the accident scene, witness statements, surveillance footage, and traffic signal data can all provide valuable insights into what occurred. Medical records and expert testimony may also be used to demonstrate the extent of your injuries and the impact on your life.
Even if you were jaywalking at the time of the accident, this does not mean you are without recourse. Evidence can help establish whether the driver could have taken steps to avoid the collision or if other factors contributed to the accident. Working with an attorney can ensure that all relevant evidence is collected and presented effectively.
The team is very personable, patient and empathetic with their clients. They are upfront with you and will explain the entire process with you, they never lead you to believe otherwise, they tell you like it is and will not sell you a million dollar dream. Trust in Andrews, Bernstein & Maranto, PLLC, they work for you and he looks out for your best interest.” - Jane D.
The Importance of Seeking Medical Attention and Documenting Injuries
If you were injured in a pedestrian accident, seeking immediate medical attention is essential, regardless of whether you believe your injuries are severe. Some injuries, such as internal trauma or concussions, may not be immediately apparent. Medical records not only protect your health but also serve as critical evidence in any legal claim.
Documenting your injuries and any related expenses is also vital. Keep track of medical bills, prescriptions, and any other costs incurred due to the accident. If you are unable to work because of your injuries, records of lost wages can strengthen your case and demonstrate the financial impact of the accident on your life.
How Comparative Negligence Can Affect Compensation
Under New York’s comparative negligence system, the compensation you receive in a pedestrian accident claim can be reduced by the percentage of fault attributed to you. For example, if it is determined that you were 20 percent at fault for the accident, your compensation will be reduced by that amount.
While this system ensures that all parties are held accountable for their actions, it also underscores the importance of building a strong case. By demonstrating that the driver’s actions contributed significantly to the accident, you can maximize your potential recovery, even if you were partially at fault for jaywalking.
Steps to Take After a Pedestrian Accident Involving Jaywalking
If you have been involved in a pedestrian accident, there are several steps you can take to protect your rights and strengthen your claim. First, seek medical attention immediately to ensure your health and document your injuries. Next, report the accident to law enforcement, as an official police report can provide valuable evidence.
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Gathering information at the scene, such as the driver’s contact and insurance details, witness names and contact information, and photos of the accident site, can also be helpful. Avoid making statements that could be interpreted as admitting fault, and contact an attorney as soon as possible to discuss your case.
Why Legal Representation Matters in Jaywalking Cases
Pedestrian accident cases involving jaywalking can be particularly challenging due to the potential for shared liability. Navigating the legal system and negotiating with insurance companies can be overwhelming, especially when dealing with injuries and recovery. Having legal representation ensures that your rights are protected and that your case is presented effectively.
An attorney can help you understand the legal complexities of your situation, gather evidence, negotiate with insurance companies, and advocate for your best interests. They can also help you navigate the comparative negligence system and work to minimize the impact of any fault attributed to you.
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If you have been injured in a pedestrian accident involving jaywalking, it is natural to feel uncertain about what to do next. At Andrews, Bernstein & Maranto, PLLC, we are committed to helping you navigate the legal process and secure the compensation you deserve. Our team understands the challenges you are facing and is here to provide the support and guidance you need.
Contact us today to schedule a consultation and discuss your case. We are dedicated to protecting your rights and helping you achieve a successful outcome. Let us help you take the first step toward recovery and justice.