In the bustling streets of New York, pedestrian accidents are unfortunately a common occurrence. However, when it comes to the legal ramifications and determining who is liable for the pedestrian accident, it’s the driver that tends to get the blame. However, things aren’t always clear-cut, especially if the pedestrian themself bears some responsibility for the accident. In this blog, the team at Gabriel Law will be your trusted pedestrian accident lawyer near me and will give you insights on how comparative negligence operates in New York and how the rule may impact your pedestrian accident case.
Comparative Negligence Law in New YorkÂ
When certain accidents occur, it is unfair and ultimately impossible to place the entire blame on a single individual. Therefore, the law has devised a manner in which the liability can be divided among multiple individuals in a manner that is reflective of their involvement in the accident—that is the rule of comparative negligence.Â
In the United States, there are two forms of comparative negligence—pure comparative negligence and modified comparative negligence—and New York is a state that has adopted the pure comparative negligence rule. Now you may wonder, how does the pure comparative negligence rule affect my compensation in a pedestrian accident?Â
According to the comparative negligence rules, if an investigation assigns a portion of the blame to the victim, their compensation will be reduced by the portion assigned to them. Since New York has adopted pure comparative negligence, you can still receive compensation, even if the majority of the blame is placed on you, unlike in modified comparative negligence, where you cannot claim compensation if the blame assigned to you is over 50%.
What are instances where the pedestrian can be at fault?
Much like drivers, the law also imposes several duties and responsibilities on pedestrians commuting on the streets of New York. When the pedestrians engage in the following acts, they may be viewed as reckless or negligent, and in the event an accident occurs, they may be partially blamed for it.Â
- JaywalkingÂ
- Ignoring traffic lights and signalsÂ
- Distracted walkingÂ
- Suddenly stepping into oncoming traffic
When an accident happens while the pedestrian was engaged in one of the above activities, it does not necessarily mean that they are solely responsible for the accident, but rather they too share some of the blame. Â
How will comparative negligence apply to a pedestrian accident?
To see how comparative negligence can apply in a pedestrian accident, consider an example of a person crossing the road while wearing headphones or looking at the road. If an accident were to occur, the pedestrian is not blameless since they failed to exercise proper care and caution as well. After looking at the facts, the court may determine that the pedestrian was 30% responsible and the driver was 70% responsible. If the damages awarded to the pedestrian totaled $100,000, the final amount they receive will be reduced by 30%, which means that they will only walk away with $70,000.Â
Keep in mind that the fault assigned in an accident is determined on a case-by-case basis. Therefore, there can even exist a scenario where the pedestrian takes the majority of the blame for the accident that caused them their injuries, particularly if the court finds that the driver did nothing wrong or when the actions of the pedestrian are viewed as grossly reckless or negligent.
Conclusion
Sometimes, pedestrian accident cases in New York are not as clear-cut as they seem—especially when the pedestrian themself shares some of the blame and pure comparative negligence comes into play. At Gabriel Law, we’ve represented many folks as their pedestrian accident attorney in NYC, and we believe that every injured person deserves to tell their story, even if they may be partially at fault. We will use our extensive knowledge and resources to help you navigate through the legal process and ensure that you receive fair and reasonable compensation. Don’t delay—schedule your initial consultation with us for free and benefit from our experienced legal guidance.