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Who Will be Held Liable When a Pedestrian Is Hit by a Car?

Feb 22, 2023

Personal Insurance

Who is held responsible when pedestrian is hit by car?

Pedestrian accidents can be incredibly traumatic experiences, and they can often result in serious injuries or even death. If you have been involved in a pedestrian accident, you may wonder who is liable for the damages you suffered. In this blog article, we’ll discuss who is responsible for a pedestrian accident in New York, how to prove fault in a New York pedestrian accident, and what types of compensation you can claim.

Who Is Liable for a Pedestrian Accident in New York?

The first step in determining who is liable for a pedestrian accident in New York is to determine who was at fault. Generally, the driver of a vehicle is liable for any injury suffered by a pedestrian if the driver was negligent in some way. This means that the driver must have failed to exercise reasonable care when operating the vehicle or must have violated some traffic law.

If the driver was not negligent, then the pedestrian may be held liable for the accident. In some cases, both the driver and the pedestrian may be partially responsible for the accident, and the amount of liability will be determined based on the percentage of fault attributed to each party.

It is important to note that in some cases, a third party may be liable for a pedestrian accident. For instance, if the accident was caused by a defective car part, then the manufacturer of the part may be held liable. Additionally, if the accident was caused by a dangerous condition on the road, then the municipality responsible for maintaining the road may be held liable.

How Do I Prove Fault in a New York Pedestrian Accident?

In order to prove fault in a New York pedestrian accident, it is essential to gather evidence. This evidence may include pictures of the accident scene, eyewitness testimony, police reports, medical records, and any other evidence that may help to establish who was at fault.

It is also important to speak with an experienced accident attorney in order to understand the legal process for filing a personal injury claim. An attorney can help you understand the applicable laws and regulations and the proper procedure for filing a claim. Additionally, an experienced lawyer can help you to identify any potential sources of compensation that you may be entitled to, such as medical bills, lost wages, and pain and suffering.

What Types of Compensation Could I Claim?

If you are injured in a pedestrian accident, you may be able to claim various types of compensation. Generally, the types of compensation available to you will depend on the extent of your injuries and the losses you have suffered.

The most common types of compensation available in a pedestrian accident case are medical bills, lost wages, and pain and suffering. Medical bills may include hospital bills, medication costs, and physical therapy costs. Lost wages may include any income that you have lost due to the accident, such as your salary or wages. Pain and suffering may include any physical pain or emotional suffering you have endured as a result of the accident.

In addition to these types of compensation, you may also be able to claim compensation for property damage, such as the cost of repairing or replacing your vehicle. It is important to understand that the compensation you are entitled to will depend on the extent of your injuries and the losses you have suffered.

Cover Yourself During a Pedestrian Accident with Abatelli Insurance

If you have been involved in a pedestrian accident, it is important to speak with an experienced accident attorney in order to understand your rights and legal options. At Abatelli Insurance, our team of experienced accident attorneys can help you to understand the legal process and identify any potential sources of compensation you may be entitled to. Contact us today to schedule a free consultation.