You make your way down a crosswalk to reach the other side of the street. From the corner of your eye, you see a car head in your direction. When you look up, the car is right next to you, and in a split second, you are on the ground.
Unfortunately, pedestrian accidents can cause grave physical injuries and leave you with emotional trauma. Fortunately, if you suffer harm in a pedestrian accident resulting from a negligent driver here in New York, you have the right to seek compensation for your injuries.
What do you need to prove in court if you are hurt in a car accident?
If you are a pedestrian and a negligent car driver strikes you, you need to be able to show that the driver was negligent before you can receive financial damages for your injuries. Negligence is when someone fails to do something that another reasonable individual would have done in the same type of scenario to protect another party from harm.
You can establish negligence by proving that the driver who struck you was legally responsible for looking out for you at the time of the accident. You must also prove that he or she breached this legal duty, which, in turn, caused the accident. Finally, a civil court will require you to prove that the other driver injured you as a result of his or her actions.
What are some ways in which a driver can be negligent?
The driver who caused your pedestrian accident may have been driving too quickly or driving while distracted, which are two examples of negligent driving. In addition, he or she may have neglected to respect your right to use the crosswalk when the crash happened. The driver might have also disobeyed a traffic signal or sign, or perhaps he or she was driving while intoxicated. These are also examples of negligent driving behavior.
Your rights after you have been injured in a pedestrian collision
If you can prove that the driver caused you to suffer injuries in your pedestrian crash, you may receive a monetary award that might help you to cover your medical bills. You may also use your monetary damages to cover the loss of wages you may experience due to missing work.