When a pedestrian gets injured by a car, most are quick to blame the driver. While the driver can often be blamed in accidents like these, they may not be the only one to blame. This is why it is important to determine fault in cases like these before jumping to any conclusions. Our Westchester pedestrian accident attorneys can investigate to figure out who was to blame and hold them accountable.
Can a Pedestrian Really Be At Fault?
In some cases, a pedestrian really can be partly to blame for their own accident. Sometimes a pedestrian behaves in a way that puts them in danger or in a way that surprises drivers. If a driver hits a pedestrian because they acted illegally or out of the ordinary, they are unlikely to take all of the blame for an accident.
A few different behaviors can make life more dangerous for a pedestrian. They can contribute to their own accident by:
- Being distracted by their phone
- Running across a crowded street
- Being under the influence of drugs or alcohol
- Jaywalking
- Ignoring traffic signals
- Walking on a road they should not be walking on, like an interstate highway
Can a Pedestrian Still Sue If They Are Partly At Fault?
If you get hurt as a pedestrian and you are found to be partly to blame for your own accident, you may still be able to sue for compensation. This is because New York uses a comparative negligence law. Your settlement will just be reduced by your percentage of fault.
Here is what we mean. You get hit by a car when jaywalking, but that driver was speeding and tested positive for drugs after the crash. You are 20% to blame for the accident and they get 80% of the blame. Then you get a settlement for $50,000. That gets reduced by 20%, matching your percentage of the blame, and you get $40,000 instead.
What Should You Do After a Pedestrian Accident?
After an accident, you should begin building a case and shielding yourself from any accusations of wrongdoing. We recommend:
- Taking pictures of the accident scene
- Calling the police so that they can fill out a report
- Exchanging info with any involved drivers or eyewitnesses
- Not saying anything that could be perceived as you taking blame for the accident
- Getting medical care as soon as possible
Do You Need a Personal Injury Lawyer?
You are not required to hire a lawyer, but one can do a lot to help you with your personal injury case. We can handle the paperwork and build a case for you while you focus on recovering from your injuries. The insurance company is sure to have lawyers on its side, so why don’t you even the odds?
Contact Our Law Firm
If you want to learn more about your legal options after an accident, contact Hausman & Pendzick. We can schedule a consultation and take a closer look at your case. If you are entitled to compensation, we are ready to help you fight for it.