In a city with heavy foot traffic, such as New York, pedestrian accidents are very common. According to The National Highway Traffic Safety Association, just under 5,000 pedestrians die in motor vehicle related accidents every year. Over 75,000 pedestrians were injured by vehicles in 2012.
Many New York City pedestrian accidents occur as a result of someone else’s negligence. In order to prove negligence, the injured pedestrian must show that another party had a legal duty to the plaintiff under the circumstances and that the duty was breached. The pedestrian also must show that the negligence caused the plaintiff’s accident or injury and that the plaintiff was injured as a result of the negligence.
Drivers are held to a reasonable care standard and must follow the rules of the road. Drivers must yield to pedestrians at crosswalk, obey traffic signs and pay attention to the road. Drivers who do not adhere to these rules may be found negligent in a pedestrian accident.
Pedestrians are also held to a reasonable care standard and are required to follow their own set of rules. Pedestrians must use walked crosswalks, follow traffic signals and avoid darting in front of vehicles. Pedestrians who do not adhere to these rules may be found to have contributed to their own injuries in an accident. This can have an impact on amount of damages they are awarded.
People who are involved in pedestrian accidents should call police immediately and stay at the scene of the crime until help arrives. Those who are injured may file a claim depending on the nature of the accident
Source: FindLaw, “Pedestrian Accidents Overview,” accessed on Sept. 9, 2014.