When pedestrian accidents occur, most of the time these types of events tend to cause serious injuries to a victim, entitling them to claim compensation from the responsible party, which is usually the driver. But what happens when the accident occurs due to crossing on a red light or outside the pedestrian crossing? How can you reduce culpability and claim compensation?
In this article, we share some important information that you should keep in mind in these cases, so that you can have the opportunity to receive the compensation you deserve, as established by the city’s laws regarding this type of accident.
Remember that, for even more security in acting under the law and defending your rights as a victim in a pedestrian accident case, it is important to work with pedestrian accident lawyers who can help you defend your case.
At Nonna Shikh Law, we know how to act in these situations and obtain the maximum compensation for you. Call us now at 718-295-4000 or schedule a consultation so that we can evaluate your case and provide you with the best solution.
Also check out: Hitting a Pedestrian with Your Car in EU: What You Need to Know
How is culpability determined in a pedestrian accident case in NY?
In a pedestrian accident case in New York, the determination of culpability is based on a series of factors and legal considerations. Traffic and pedestrian laws in New York establish certain rules and responsibilities for both drivers and pedestrians, and these norms are taken into account when determining culpability in an accident.
Below are some of the key factors considered in this process:
- Right of way: In New York, pedestrians generally have the right of way at pedestrian crossings when the “walk” signal is active. If a pedestrian crosses the street within the pedestrian crossing and at the appropriate time, but is hit by a driver who does not respect their right of way, the fault is likely to lie with the driver.
- Traffic lights and signals: Pedestrians must obey traffic signals and lights when crossing the street. If a pedestrian crosses on red or against the “Do not walk” signal, they may be considered at fault in the event of an accident.
- Negligent driving: Drivers may also be considered at fault if it is determined that they were driving negligently or recklessly at the time of the accident. This may include actions such as speeding, distracted driving, violating traffic rules, driving under the influence of alcohol or drugs, among other dangerous behaviors.
- Comparative negligence proof: In New York, the principle of “comparative negligence” is followed. This means that if both the pedestrian and driver were found to have some degree of negligence in the accident, responsibility and compensation can be assigned proportionally based on that negligence. For example, if it is determined that the pedestrian was 20% responsible and the driver 80% responsible, the compensation awarded will be adjusted accordingly.
Ultimately, the determination of culpability in a pedestrian accident case in New York falls on the legal system and the evaluation of available facts and evidence. For these cases, it is always important to have the support of accident lawyers.
If I had a pedestrian accident by crossing on red, can I claim compensation?
In general, if you suffered a pedestrian accident by crossing on red or not crossing at the pedestrian crossing, liability may lie with you as a pedestrian for not obeying the traffic signal. However, each case is unique and there may be mitigating circumstances or additional factors that could influence your ability to claim compensation.
Some factors that may be considered include:
- Comparative negligence: As mentioned before, in some places, the principle of “comparative negligence” applies, which means that even if you crossed on red, you may still be entitled to reduced compensation if it is proven that the driver also had some degree of negligence.
- Driver behavior: If the driver was distracted, speeding or acting recklessly, you could argue that their negligence was a contributing factor in the accident, which could influence your ability to claim compensation.
Remember that these types of cases can be complex and laws may vary, so it is always advisable to seek specific legal advice for your situation. A specialized lawyer can evaluate the details of your case and provide you with precise legal guidance based on applicable laws in your jurisdiction.
How can I reduce my culpability in the accident?
To reduce your culpability in a pedestrian accident case for crossing on red or not crossing at the pedestrian crossing, it is important to keep in mind certain steps that can help you obtain the best results, minimizing your level of responsibility.
Some of these steps are:
Seek medical attention:
Make sure that you receive the necessary medical attention for your injuries. This is not only important for your well-being, but also for documenting and recording any injury you may have suffered as a result of the accident.
Gather all possible evidence related to the accident. This may include photographs of the accident scene, eyewitness testimony, police reports, and medical records. This evidence can be useful in supporting your version of the events and establishing any mitigating factors.
Consider mitigating factors
There may be additional circumstances that could influence responsibility and culpability in the accident. For example, if there were visual obstructions or if the driver was distracted or violating other traffic laws. These factors could help demonstrate that you are not entirely at fault and can be presented as part of your defense.
Contact our lawyers at Nonna Shikh Law
Our lawyers are experts in personal injury cases and traffic accidents, so they can help you understand your legal rights and options, guiding you through the process to reduce your culpability and protect your interests.
At Shikh Law, we are ready to help you defend your rights
Pedestrian accidents caused by crossing on red or outside of designated pedestrian crossings can have legal implications and generate responsibilities for both pedestrians and drivers involved. If you have been affected by this type of accident and are looking to protect your rights and claim fair compensation, it is crucial to have the support and advice of a traffic accident and personal injury lawyer.
You may also be interested in: The rights and duties of drivers and pedestrians in cases of traffic accidents.
What evidence is important to collect after a pedestrian accident for crossing on red?
After a pedestrian accident for crossing on red, it is important to collect key evidence to support your case. Some important elements include photographs of the accident scene and your injuries, police reports, eyewitness testimony, medical records documenting your injuries, and any other relevant documents such as medical or vehicle repair bills.
All this evidence can help demonstrate the details of the accident, the circumstances, and the injuries suffered, thus strengthening your compensation claim.
What happens if both the pedestrian and the driver were negligent in a pedestrian accident for crossing on red?
When both the pedestrian and the driver are considered negligent in a pedestrian accident for crossing on red, the principle of “comparative negligence” applies. This means that responsibility and compensation will be assigned proportionally according to the degree of negligence of each party.
For example, if it is determined that the pedestrian was 40% responsible and the driver 60% responsible, the compensation awarded will be adjusted accordingly. It is important to consult with a specialized traffic accident lawyer to understand how this principle applies in your specific jurisdiction and how it may affect your compensation claim.
How can I protect my legal rights after a pedestrian accident for crossing on red?
After a pedestrian accident for crossing on red, it is essential to take steps to protect your legal rights. First, seek immediate medical attention to document your injuries, collect relevant evidence such as photographs of the accident scene and eyewitness testimony, report the incident to authorities, and obtain a copy of the police report. Do not admit fault or speak in detail with the insurance company without the advice of a lawyer.
Additionally, remember that it is essential to have the legal support of accident lawyers. Contact us at 718-295-4000 and work with our lawyers at Nonna Shikh Law who will help you achieve justice for your case.
The team of writers of Nonna Shikh is made up of a group of lawyers specialized in personal injury, traffic, construction and slip and fall cases. Each member of the team has extensive experience in their area of specialization and is committed to providing the best defense and compensation to their clients in New York City.