Roosevelt Pedestrian Accident Lawyer
Traffic intersections can be dangerous places and are common locations for pedestrian accidents in New York. Depending upon the circumstances, pedestrian accidents that occur at or near traffic intersections and in crosswalks can result in very serious personal injuries and damages.
If you or someone you love has been injured in a pedestrian accident that resulted from someone else’s carelessness or negligence, you may be entitled to monetary compensation under the law. A knowledgeable Roosevelt pedestrian accident lawyer can review your case and may be able to assist you with maximizing your monetary recovery. Retain experienced legal counsel that can devote the time and resources to build your case.
Injuries Sustained Pedestrian Accidents
When motor vehicle drivers engage in distracted driving, they are more likely to strike a pedestrian who is lawfully in a crosswalk at a traffic intersection, typically resulting in very serious injuries and damages. Some of the most common types of injuries sustained in Roosevelt pedestrian accidents include the following:
- Concussions and other traumatic brain injuries
- Broken bones
- Scarring (especially facial scarring)
- Cuts, scrapes, and abrasions
- Soft tissue injuries
- Spinal cord injuries and paralysis
In order to prove liability (or fault) for a pedestrian accident, the injured pedestrian must demonstrate that the motor vehicle driver breached the standard of care by driving in a careless and reckless manner under the circumstances.
In order to prove damages, the injured pedestrian must prove that the motor vehicle driver’s negligence was the proximate – or foreseeable – result of the pedestrian’s injuries.
Oftentimes, the injured pedestrian will need to introduce the medical testimony of a doctor or other health care provider in order to prove a causal connection.
Comparative Fault Doctrine
In New York pedestrian accident cases, insurance companies oftentimes like to shift some or all of the blame for an accident to the injured pedestrian. The defendant driver’s insurance company may allege that the injured pedestrian was not paying attention while crossing the intersection, stepped outside of the crosswalk, or crossed the intersection at the improper time, causing or contributing to the subject accident and injuries.
In these types of cases, under New York’s pure comparative fault doctrine, an injured pedestrian can still recover monetary compensation for injuries and damages sustained in the accident. However, the amount of the monetary recovery may be offset by the extent to which the injured pedestrian contributed to the subject accident.
Example of Comparative Fault At Play
For example, if the injured pedestrian was deemed to be 20 percent at fault for the accident, and the pedestrian sustained $5,000 in medical damages, the injured pedestrian’s maximum recovery would be reduced by $1,000 to $4,000.
Under New York’s comparative fault doctrine, even if the injured pedestrian is deemed to be 99 percent at fault for the accident, a Roosevelt pedestrian accident lawyer can help the injured pedestrian attempt to recover monetary compensation.
Talking to a Roosevelt Pedestrian Accident Attorney
If you have been injured as a pedestrian at a traffic intersection because of someone else’s recklessness, carelessness, or negligence, you may be entitled to monetary compensation under New York law.
Since the insurance companies use every excuse in the book to deny – or severely limit – a personal injury plaintiff’s recovery, it is essential that you have knowledgeable and experienced legal counsel on your side every step of the way. Roosevelt pedestrian accident lawyers can work tirelessly to build your case.