Yes, pedestrians hit by a car can get compensation if another driver’s careless and negligent behavior led to the collision that caused their injuries.
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Proving Negligence in a Pedestrian Collision
Most pedestrian collisions that result in legal cases rely on a theory of negligence. In other words, the injury victims must prove that the driver or other parties are liable for their injuries because their negligence caused the crash.
Injured pedestrians must prove the following four different elements of negligence to support their claims for compensation.
All drivers owe a duty of reasonable care to other drivers, passengers, pedestrians, and others on the road when they operate motor vehicles. This legal duty requires drivers to follow traffic laws and drive in a generally safe manner for the benefit of others.
Violation of Duty
When a person drives in a way that is reckless or careless and causes a collision, that person may have violated the legal duty of care. Likewise, violating traffic laws or rules can be strong evidence of a violation of the breach of duty.
Common examples of negligence in car crashes can include failing to stop at stop signs or red lights, speeding, and driving while intoxicated.
Injury victims also must prove that the breach of duty by the driver directly led to the crash that caused their injuries. In other words, they must provide evidence that if the driver had not been negligent in driving, they would not have suffered injuries. There must be a clear connection between the collision and your injuries.
Finally, injured pedestrians must show evidence that they suffered injuries in the collision. Injury victims can document their injuries through medical bills, medical records, photographs, video footage, and other forms of evidence.
Parties who May Be Responsible for a Pedestrian Crash
In many cases, the liable party is the driver who caused the collision. However, if a crash involves multiple vehicles, one or more of the drivers could be at fault. As a result, more than one person may be liable for your injuries in a pedestrian collision.
Third parties also may have liability when drivers strike and injure pedestrians. For instance, if the driver was working at the time of the collision, such as a commercial delivery driver or a bus driver, the driver’s employer may share liability for the resulting injuries. An employer is generally responsible for the acts of its employees, even if the employees are negligent.
Government entities also might be responsible for their negligent employees who cause a collision while driving on the job. Like private companies, government entities can share liability for the acts of their employees.
Types of Compensation Available for Injured Pedestrians
Lawsuits against drivers and other parties for injuries that you suffer in a pedestrian crash can include various items related to your injuries. Some common examples of damages in personal injury cases can include:
- Expenses for emergency medical services, hospitalization, surgery, rehabilitation, and other forms of medical treatment
- Lost income if your injuries make you unable to work
- Permanent scarring, disfigurement, and physical impairments
- Emotional distress
- Pain and suffering
- Wrongful death damages if your loved one passed away from the accident
We can help you seek all available damages in your case, depending on the nature and extent of your injuries. A pedestrian hit by a car can get compensation for various accident-related losses, which may differ from one case to the next.
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Time Limits on Filing Pedestrian Injury Cases
CVP §214 places a general three-year time limit on personal injury lawsuits. If your loved one passed away from the accident, you generally have two years to file a wrongful death lawsuit, under EPT §5-4.1. Both of these statutes include car and pedestrian injury cases.
New York law also establishes some exceptions to these general deadlines for personal injury cases. For instance, if a government entity may be liable for your crash, you may have a much shorter deadline for pursuing compensation for your injuries.
Make sure you inform us about your case as soon as possible. If you fail to pursue your case in time, you risk forfeiting your right to seek compensation.
The Pedestrian Accident Lawyers at Rosenberg & Gluck, L.L.P. Can Help You
We are here to evaluate your case and gather the evidence needed to support your case for compensation against all liable parties. We can answer your questions, address your concerns, and work to build your claim for compensation.
Call Rosenberg & Gluck, L.L.P. for your free consultation today. Pay no attorney’s fee unless you are awarded compensation. We do provide Spanish language services as needed.