Marked crosswalks are recommended for pedestrians to cross a busy intersection or street safely. The problem is crosswalks don’t always offer an expected level of safety. Few crosswalks in the New York area contain hidden dangers or are poorly designed. They can cause a serious pedestrian accident. You must include the details of the crosswalk in your damage claim if it contributed in some way to your accident.
Pedestrians usually have the right to file a claim against the reckless and negligent motorist that struck them. However, a pedestrian may also hold others liable if the accident occurred because the crosswalk was improperly or inefficiently constructed. In New York, the injured party reserves the right to claim financial damages suffered in an accident because of the negligence of another.
You can maximize your compensation amount and increase the likelihood of a favorable outcome by consulting with a pedestrian accident lawyer. The investigators and legal team at Rosenberg, Minc, Falkoff & Wolff, LLP are there for you.
Common Pedestrian Accident Causes in New York City
Few common causes of pedestrian accidents while using a crosswalk include:
Liability in an NYC Crosswalk Pedestrian Accident
The driver in most situations is expected to yield the right of way to pedestrians. This is especially true for encounters on the crosswalk. In most pedestrian accidents, the motorist is held liable for the pedestrian accident. However, in some special circumstances, it is possible for another party to be held partially liable for the accident as well.
For instance, an aggressive bicyclist coming down the sidewalk may force a pedestrian out of the way and into the street. An illegally parked car that hides pedestrians from oncoming motorists is another example of at-fault.
Sometimes, a pedestrian is responsible for the accident too. In such cases, the pedestrian shall be held responsible. This includes instances where the pedestrian crosses a traffic signal when there is still traffic on the road, crosses the street without using the crosswalk, fails to yield to oncoming vehicles, or walks on limited access roadways and highways where pedestrians are not allowed.
Proving Driver Negligence in Pedestrian Accidents
It is possible for the driver to argue that the pedestrian was responsible for the accident in certain crosswalk pedestrian accident lawsuits. They may claim the pedestrian tried crossing the intersection when the driver’s light was green or jumped on the street in front of the motorist’s vehicle.
Eyewitnesses are crucial to such lawsuits. They can testify to vital details leading up to the moment of impact or collision. They can testify whether the driver was speeding, whether the pedestrian has the right of way, whether the pedestrian was using the crosswalk while attempting to get to the other side of the street, and the traffic signals when the accident took place.
Surveillance video in nearby stores of traffic cams can also be used for capturing these details. Other details, such as skid marks (or lack thereof) on the road may provide evidence of negligent driving and speeding.
Pedestrian Liability Claims against Government Agency
Sometimes, multiple factors may come into play causing a pedestrian accident. This is usually true for pedestrian crosswalk accidents. Irresponsible drivers may fail to slow down as they approach the intersection and hit the pedestrian while they are attempting to cross the road. This alone should be enough to establish liability against the driver.
But, it can also be possible that the traffic lights malfunctioned or failed to give the motorist any warning. In this scenario, the pedestrian’s injuries are caused by malfunctioning safety features as well. The injured pedestrian can now file a claim against the motorist as well as the entity responsible for the lights.
This entity can be the state or the city where the crosswalk is located. Your chances of recovering maximum compensation are better when you file a claim against multiple parties. However, multiple party lawsuits tend to get very complicated. Claims brought against government agencies have several components that are not found in lawsuits against motorists.
Injured parties in New York get 90 days from the date of the accident to file a formal damage claim against the government entity. In case of a claim denial, the injured party gets a year to file a lawsuit. However, if the agency fails to respond, the injured party can file a lawsuit within two years.
It is vital that you seek representation from an experienced crosswalk accident attorney when filing claims against different entities. This is to make sure all paperwork is filed and documented correctly and in a timely manner.
Dangerous Conditions Associated with Crosswalks
Dangerous conditions can be defined as a property defect that poses a significant risk to people when used as intended. There are several factors that can make a crosswalk dangerous. Few common ones are:
How RMFW Law Investigates a New York Pedestrian Crosswalk Accident
It is important to gather all evidence linking a negligent motorist or a specific agency to the incident after a crosswalk pedestrian accident occurs. The burden of proving at-fault falls on the injured party in personal injury lawsuits in New York. Our law firm doesn’t waste a minute in dispatching qualified investigators to the accident spot in pedestrian accidents. They begin their investigation by scrutinizing the area and interviewing witnesses.
The investigators hired by Rosenberg, Minc, Falkoff & Wolff, LLP will make use of accident reconstruction techniques for determining the position of all involved before, during and after the accident. The investigators pay special attention to speed limit and traffic density in such accidents. They also examine the appropriate applicability of crosswalk placement in that area.
We shall take a close look at the traffic lights to see whether they are working and the time allowed for crossing. We will also check whether all crosswalk features are properly maintained and the type of lighting in the area. We shall check whether drivers received proper warning about an upcoming crosswalk.
We shall examine the incident report of the collision to look for inconsistencies. We will review police records to ascertain the number of similar accidents in the area. In addition, we obtain video footage if surveillance cameras are available on businesses and traffic lights. This data is used by our legal team to build a strong and robust lawsuit for our clients.
Speak to our pedestrian accident attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP, if you or a loved one was hit while using the crosswalk in New York. We offer free initial consultation so that you can better understand your options and the ways our law firm can help you maximize your compensation. Get in touch with us today by calling at 212-344-1000 .
Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.
