Is the Driver Always At Fault for a Pedestrian Accident?

If you have sustained injuries from a motor vehicle while walking in Suffolk County or Nassau County, Rosenberg & Gluck, L.L.P., is ready to help.

No, a driver is not always at fault for a pedestrian accident, it is possible for the pedestrian’s actions to have contributed to the accident. Although it is possible for a pedestrian to share in the fault of an accident with a motor vehicle, in New York, a car accident with a pedestrian is covered by New York’s no-fault car insurance rules. This means that up to $50,000 of the pedestrian’s medical bills can be covered by the driver’s insurance. When pursuing further compensation beyond what is covered by the no-fault policy for a serious injury, a pedestrian’s degree of fault for the accident may reduce their final financial award.

If you have sustained injuries from a motor vehicle while walking in Suffolk County or Nassau County, our dedicated legal team at Rosenberg & Gluck, L.L.P., is ready to provide the support you need. Our skilled pedestrian accident attorneys have extensive experience in vigorously advocating for the compensation you rightfully deserve for your injuries.

Pedestrian Accident Statistics for NY

Pedestrian Accidents FAQs

According to the New York State Department of Health, pedestrians rank consistently among the top 10 causes of injury-related hospital admissions and fatalities across most age groups. Every year, approximately 300 pedestrians lose their lives and 15,000 sustain injuries due to motor vehicle accidents on the state’s roadways. Additionally, over 3,000 pedestrians require hospital admission.

What Are the Main Causes of Pedestrian Accidents?

Car accidents involving pedestrians on Long Island are primarily caused by factors such as distracted or aggressive driving, failure to yield, pedestrians walking on the road, poor visibility, vehicle malfunctions, and impairment of either the driver or pedestrian due to intoxication.

In Suffolk and Nassau County, the predominant cause of car-pedestrian accidents is the failure of drivers to yield at intersections.

Where Do Pedestrians Get Hit the Most?

Intersections are the most prevalent locations for pedestrian accidents in New York State. These incidents arise when either the pedestrian or the driver neglects to yield the right of way.

This can include situations in which the driver disregards a red light and collides with the pedestrian, or when the walker crosses against a “do not walk” signal in violation of its restrictions.

A driver may also fail to yield the right of way when making a right-hand turn while a pedestrian is lawfully crossing in a crosswalk.

What Injuries Do You Get from Being Hit by a Car?

When involved in an accident, a pedestrian’s injuries may include:

  • bruising and contusions,
  • traumatic brain injuries and concussions,
  • crush injuries,
  • skin lacerations and degloving injuries,
  • fractures and broken bones,
  • amputations,
  • spinal cord injuries,
  • soft tissue injuries, and
  • death.

Due to the absence of protection for pedestrians involved in such accidents, even when the driver is traveling at low speeds, they can sustain serious injuries.

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What Should I Do If I Get Hit by a Car as a Pedestrian?

If you are hit by a car as a pedestrian, it’s crucial to take several steps to ensure your safety and protect your rights as an injured pedestrian:

  • Call 911 immediately and report the accident.
  • Seek medical treatment and attention, even if you believe your injuries are minor.
  • Document the accident scene, taking pictures and noting any details, if able.
  • Collect contact information from witnesses.
  • Do not discuss fault or make statements to the insurance company without legal counsel.
  • Contact a car accident lawyer.

Can Pedestrian Accident Victims Recover Compensation?

Pedestrian accident victims in New York can recover compensation for damages incurred, including medical bills and expenses, lost wages, and pain and suffering, through civil lawsuits against the at-fault party. In most cases, the driver’s insurance policy will cover these damages.

An experienced car versus pedestrian accident attorney can assess your case and determine the appropriate legal action to take to ensure you receive fair compensation for your injuries.

Is It Possible for Both a Pedestrian and a Driver to Be at Fault for an Accident?

In a pedestrian car accident, it is possible for both drivers and pedestrians to share fault. In New York, which is a comparative negligence state, being at fault doesn’t automatically disqualify an injured person from receiving compensation. Instead, the amount of compensation they’re eligible for depends on the extent of their fault in the car-pedestrian accident.

Can a Driver Go to Jail for Accidentally Hitting a Pedestrian?

In the majority of situations, an individual will not be incarcerated for unintentionally striking or causing harm to a pedestrian due to a car accident in New York. Instead, it is more common for victims of such incidents to pursue a civil lawsuit seeking punitive and compensatory damages for an accident involving a pedestrian and motor vehicle with the assistance of a personal injury attorney.

Should I Consult a Long Island Personal Injury Lawyer If I’ve Been Hit by a Car as a Pedestrian?

Yes. If you’ve been injured as a pedestrian in an auto accident, look no further than the determined and skilled personal injury attorneys at Rosenberg & Gluck, L.L.P. We are fully prepared to advocate for the compensation you rightfully deserve.

Free Consultation

Call us for a free consultation with a personal injury attorney to discuss the details of your car pedestrian accident claim.

Call or text 631-451-7900 or complete a Free Case Evaluation form

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Practice Areas

Our Long Island Injury Lawyers Have Experience In

Truck Accidents
Accidents on the highways can be lethal events
Bicycle Accidents
Riding a bicycle should not be unsafe
Car Accidents
If you have been seriously injured, call our firm
Motorcycle Accidents
Motorcycle accidents often result in serious injury
Medical Malpractice
Medical mistakes can cause death ruin lives
Wrongful Death
When negligence results in the death of a loved me
Premises Liability
When hurt in a location, someone has to take responsibility
Brain Injury
Brain injuries can have long term severe effects
Dog Bites
Dog bites can cause serious injury


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