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When a pedestrian is struck by a vehicle, the natural assumption is that the driver is automatically at fault. However, the reality is more complex. While drivers do have a responsibility to be aware of and yield to pedestrians, there are situations where a pedestrian may be partially or fully to blame for an accident. Let’s take a closer look at the factors that determine fault in pedestrian accidents and what it means for those involved.
Driver Responsibility
Drivers have a duty of care to operate their vehicles safely and be vigilant for pedestrians. This includes:
- Obeying traffic laws and speed limits
- Yielding to pedestrians in crosswalks
- Exercising extra caution in areas with high pedestrian traffic
- Avoiding distractions like cell phone use while driving
A driver who fails to meet these responsibilities will likely be at fault for a subsequent collision. Here are some examples of that failure in action:
- Speeding through crosswalks
- Running red lights or stop signs
- Driving while intoxicated
- Distracted driving (such as texting, eating, or wool-gathering)
- Failing to yield right-of-way to pedestrians
Pedestrian Responsibility
While drivers bear a significant burden of responsibility, pedestrians also have obligations of their own they must follow. Pedestrians can be found partially or fully at fault if they:
- Jaywalk or cross outside of designated crosswalks
- Ignore “Don’t Walk” signals at intersections
- Walk along highways or other areas where pedestrians are prohibited
- Dart suddenly into traffic, giving drivers no time to react
- Are intoxicated and behaving erratically near roadways
Shared Fault and Comparative Negligence
In many cases, both the driver and pedestrian may share some degree of fault for an accident. New York follows a “pure comparative negligence” rule, which means that an injured party can still recover damages even if they are partially at fault. However, their compensation will be reduced by their percentage of fault.
For example, let’s imagine a scenario where a pedestrian is struck while jaywalking, but the driver was speeding. The pedestrian suffers serious injuries and seeks $100,000 in damages from the driver. A court hearing the pedestrian’s case determines that the pedestrian was 30% at fault and the driver 70% at fault. In this case, the pedestrian would be able to recover $70,000—that is, 70% of $100,000.
Determining Fault
Establishing who is at fault for a pedestrian accident often requires a thorough investigation of evidence such as:
- Police reports
- Witness statements
- Traffic camera footage
- Accident reconstruction analysis
- Road conditions and signage
- Vehicle damage
- Medical reports
It’s crucial for both drivers and pedestrians involved in an accident to document as much information as possible at the scene and seek legal representation to protect their rights.
Legal Implications
The person found to be at fault for a pedestrian accident will likely also be liable for the harm other parties suffered in it. In New York, pedestrian accident victims can seek damages for:
- Medical expenses (current and future)
- Lost wages and earning capacity
- Property damage
- Pain and suffering
- Emotional distress
- Rehabilitation costs
Preventing Pedestrian Accidents
Both drivers and pedestrians can take steps to reduce the risk of accidents:
Here are some tips for drivers:
- Always be alert for pedestrians, especially in urban areas
- Slow down in areas with high foot traffic
- Never drive under the influence of drugs or alcohol
- Avoid distractions while driving
For their part, pedestrians should:
- Use designated crosswalks and obey traffic signals
- Wear bright or reflective clothing at night
- Make eye contact with drivers before crossing
- Avoid using mobile devices while walking near traffic
The Importance of Legal Representation in Pedestrian Accidents in Syracuse
At CDH Law, PLLC, our team of skilled attorneys has extensive experience handling pedestrian accident cases in Syracuse and throughout Central New York. We understand the nuances of New York’s traffic laws and comparative negligence rules, and we’re committed to fighting for the best possible outcome for our clients. Whether you’re a pedestrian or a driver who’s been injured, we’re here to provide the robust legal representation you need during this challenging time. Contact us today.
Carden Dotzler Hammond, PLLC represents clients in Syracuse, Central New York, and in the following towns and villages of Onondaga County: Camillus, Cicero, Clay, Dewitt, Elbridge, Geddes, Manlius, Marcellus, Onondaga, Salina, Skaneateles, Baldwinsville, East Syracuse, Fayetteville, Jefferson County, Liverpool, North Syracuse, and Solvay.