How to Prove Fault In A Pedestrian Accident In New York
When you’re walking somewhere, the last thing you’re expecting is getting struck by a passing vehicle. Sadly, pedestrian accidents make up a surprising 18% of traffic fatalities annually. If you’re ever in this situation, holding the driver responsible for their negligence is essential to getting the compensation you deserve. This guide will explore why proving fault matters in these cases and how to strengthen your case.
Why Fault Matters In These Cases
New York functions under a no-fault system, which means everyone injured during the accident is entitled to medical coverage and lost wages, regardless of who’s guilty. Victims can sue and have their medical bills taken care of up to a certain amount.
However, the amount you receive may not be enough if the accident was particularly serious. No-fault insurance also doesn’t cover any physical pain or emotional trauma the victim faces after everything happened. In this case, you may be eligible for additional compensation through a personal injury case if you can put the other person at fault for injuries.
How NY’s Comparative Negligence Law Could Affect Your Case
If you’re proving fault, the final settlement you receive is determined by the level of fault each party has. New York functions under a pure comparative negligence system, which means you can recover damages even if you were partially responsible.
For example, say you were crossing outside of a sidewalk but the other driver was speeding. If you were suing for $20,000, the court may find you 25% responsible and award you $15,000 instead of the full amount.
Key Evidence That Can Help Prove Fault
During these cases, having concrete proof boosts your chance of receiving a full settlement. Relevant evidence would include:
Police Report Details
After the police write up their report, always ask for a copy. This document contains plenty of critical information that helps establish fault such as the officer’s observations, witness statements, or traffic violations.
Witness Statements
People who testify in your favor could bring unbiased, third-party insight into what happened. If you see anyone at the scene, get their personal information and a statement from them discussing the accident’s details.
Surveillance Or Traffic Camera Footage
New York has thousands of traffic cameras on almost every major road. This footage could be crucial evidence that clarifies any disputed details as everything is captured in real time. Everyone can see if the driver was at fault, making it nearly impossible for them to dispute your claim.
Relevant Medical Records
After an accident, you’ll typically receive some emergency treatment and a complete medical evaluation. Always ask for a copy of these documents. They’ll prove that you suffered an injury during the accident and connect injuries directly to what happened. Medical records will also describe the severity of injuries, ongoing treatment, and any long-term conditions you face after the accident.
Contact Our Lawyers Today
Getting hit by a car is a traumatizing experience no one should ever need to go through. The long-term injuries and emotional damage victims go through is something they may never recover from. This is why holding the other person accountable for their actions is crucial. Our New York personal injury lawyers will seek justice for your injuries and ensure you receive the compensation you deserve. Please contact us at (866) 839-5886 to schedule a free consultation today.