A pedestrian is a person who is walking rather than traveling in a vehicle. Pedestrian accidents occur when a pedestrian is injured by either a vehicle or property defect due to negligence. Victims of these accidents may recover damages for the injuries suffered if another person’s negligence caused or contributed to the accident. That’s where Greenberg & Stein comes to the rescue!
When a vehicle has hit someone there are many questions that need to be asked and legal rights that people should know about. Reasonable care and observing the rules of the road are the duties of anyone operating a motor vehicle. When a motorist fails to meet this duty of care causing pedestrian accidents, they are said to breach this legal duty and may be liable for injury caused to another.
Pedestrians are more susceptible to being injured or killed than those in another vehicle, as they don’t have the protection of the vehicle’s structure and safety equipment. Defense attorneys will always seek to minimize, or negate completely the liability of the driver they represent therefore, it’s important to retain an experienced accident attorney from Greenberg & Stein to ensure your rights are preserved.
As personal injury lawyers we help New Yorkers in a variety of driver and pedestrian accidents. Every accident situation is unique and there are many factors involved. In each case, we must assess the conduct of the pedestrian when considering the extent to which the driver will be held legally responsible.
Obviously if a pedestrian suddenly leaves a curb or place of safety and walks or runs into the path of a vehicle which is so close that it is impractical for the driver to yield, then gets hit–we are not looking at faulting the driver.
Personal injury cases of pedestrians being hit by a vehicle are rarely very cut and dry. For instance, motor vehicle drivers are required by Section 1146 of the New York Vehicle and Traffic Law to “exercise due care to avoid colliding with any . . . pedestrian . . . and shall give warning by sounding the horn when necessary.” So even if a pedestrian is outside of a crosswalk, a driver may be held partially or totally at fault. It all depends on the evidence as to what each was doing just before the collision.
There are a few New York Vehicle and Traffic (V&T) laws and rights you should be aware of. One of our first questions is whether the pedestrian victim was in a crosswalk when struck or not, as that will affect that individual’s right to recover money damages for injury caused by the negligence of a driver.
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Pedestrian accidents can be devastating. The Greenberg & Stein team of pedestrian accident attorneys are uniquely qualified to represent you or someone you love. It is crucial you know your legal rights and remedies with regard to the injuries you have sustained, if you have been involved in an accident as a pedestrian.
Greenberg & Stein has handled hundreds of cases involving motor vehicles and pedestrians and we understand what is necessary to get results. These cases are often disputed and minimized in the eyes of the insurance companies but you can rest assured we will fight for you. As an injured pedestrian or family member of a victim, it is imperative that you contact an accident attorney at Greenberg & Stein immediately, to seek full and complete compensation for all of your damages.
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