Car accidents of all kinds are all too common in the Staten Island area. Some of the most devastating accidents are pedestrian accidents involving innocent people crossing the street. A 55-year old woman was recently struck by a vehicle at an intersection in Oakwood. The woman was transported to a nearby hospital where she remains in critical condition.
In many of these pedestrian accidents, drivers will flee the scene of the accident before police arrive. This behavior can lead to criminal charges. However, in this case, the driver of the vehicle remained at the scene after the accident. A spokesperson for the NYPD’s Deputy Commissioner of Public Information has reported that no criminality is suspected.
Pedestrians who are involved in intersection accidents can file a lawsuit against the motorist that hit them. In many cases, the motorists are found liable for damages. These damages can cover past and future medical expenses, past and future wage loss, and pain and suffering. However, in certain cases, the liability of the motorist could be reduced under the doctrine of comparative negligence. This means that if the court finds them partially at fault, the total damages recovered could be reduced.
People involved in a pedestrian accident should make sure to write down as many details as possible about the accident and preserve evidence of who caused the accident and what damage was done. They should also be aware that New York has a statute of limitations, which will prevent them from bringing suit after a certain period of time. There can be many questions relating to fault and comparative negligence so an attorney may be helpful in sorting out these issues.
Source: Staten Island Live, “Woman pedestrian struck by car still in critical condition; no criminality suspected in accident,” Maura Grunlund, Oct. 23, 2014