Baldwin Pedestrian Accident Lawyer
Collisions between pedestrians and motor vehicles can have catastrophic results for the former group, even at low speeds. Despite the potentially serious consequences, though, it is never a given that the driver is at fault for the accident.
To recover compensation, a plaintiff in such a case may need a personal injury attorney’s help to prove that the driver of the vehicle was legally negligent and therefore liable for the crash. A Baldwin pedestrian accident lawyer could help you examine your cases, form a theory of the case that places blame on the driver, and to pursue the driver’s insurance company for compensation.
Negligence Law in Baldwin
Most pedestrian collisions with vehicles are the result of accidents stemming from driver negligence. In other words, the driver’s lack of attentiveness or aggressive driving was the direct cause of the accident. Although the driver did not mean to cause any harm, their poor driving may still be the source of legal liability.
People typically pursue pedestrian accident cases by alleging legal negligence on someone else’s part. This tort is not explicitly defined by New York’s statutes, but rather has been created by courts over hundreds of years of case decisions. Still, these decisions have the force of law.
In short, negligence applies when one party has a legal responsibility to care for the wellbeing of another—known as a duty of care—that they subsequently violate in a way which directly causes harm to someone else. To recover compensation on behalf of a plaintiff, a Baldwin pedestrian accident attorney must prove that this duty existed prior to the accident and that specific actions taken—or not taken—by the defendant violated this duty.
Potential Limitations on Recovery
Defendants in pedestrian accident cases always have a duty to protect pedestrians. This is because all people assume a duty to protect others whenever they get behind the wheel. Most contested civil cases concern which party caused the accident.
When assigning liability, a proper evaluation of a case should weigh the actions of the driver against any actions taken by the pedestrian. If the collision happened in a crosswalk during the daytime and the driver was speeding, for instance, it should be fairly clear that the driver is at fault. However, if a pedestrian jaywalks out of a row of parked cars at night and in the rain, the driver may argue that there was no reasonable way to expect they could have avoided the accident.
One other aspect of the law that may impact civil recovery is the statute of limitations, which controls how long a person has after an injury to bring a case to court. According to New York Civil Practice Law and Rules §214, any case that alleges a personal injury due to negligence must be filed by a plaintiff or their pedestrian crash lawyer in Baldwin within three years of the date of the accident, or recovery may be barred completed.
How a Baldwin Pedestrian Accident Attorney Could Help
You may assume if you are struck by a vehicle that the driver is automatically at fault, but in reality, insurance companies will fully investigate every incident and often attempt to place the blame on the pedestrian. A Baldwin pedestrian accident lawyer could help you fight back by performing their own investigation of the incident and negotiating with insurance companies for fair settlement offers to obtain compensation on your behalf. Call today to see how one may be able to help you.