When we think about accidents involving
cars and pedestrians, we initially assume that the driver of the vehicle is
most likely at fault. Although the pedestrian typically has the right
of way, the pedestrian can actually be to blame in a pedestrian-car accident.
Pedestrian-car accident cases often hinge on the duty of care owed by those
involved. Both motorists and pedestrians need to follow the rules of the
road and exercise a reasonable duty of care. The care required for pedestrians
needs to be proportionate to the danger to be avoided and reasonably anticipated
Several common factors contributing to pedestrian negligence include:
- Ignore the “walk” signal at an intersection
- Failure to use marked crosswalks
- Enter traffic and disrupt the flow
- Dart in front of a vehicle
Keep in mind, when a pedestrian is to blame for causing a crash, the driver
of the vehicle is also partially at fault in most pedestrian-car accidents.
For instance, a pedestrian may be jaywalking, but the driver may have
been driving a few miles over the posted speed limit.
In New York, shared-fault cases follow a “pure comparative negligence”
rule. Simply put, this means the amount of compensation a person is entitled
to receive will be reduced by an amount that is equal to his or her percentage
of fault for the accident.
Let’s say you might share 20% of the blame for the accident, while
the other party is 80% at fault. Your damages add up to $20,000. Under
New York’s pure comparative negligence law, your compensation will
be reduced to $16,000—or the $20,000 total minus the $4,000 that
represents your share of fault for the accident.
For more information,
contact our Greenwich
personal injury attorney at
Ivey Barnum & O’Mara, LLC today.