Pedestrian Accidents

Types of Pedestrian Accident Claims

Many pedestrian accidents occur when the pedestrian is in the crosswalk. When cars make right- or left-hand turns, they place the pedestrian in the line of the moving car. Regardless of where they occur, however, it is important for pedestrians to know what their rights are following an accident.

When a pedestrian is involved in a car accident, there are two separate claims to pursue:

• No-Fault Claim: Automatic, no-fault benefits provide coverage for medical treatment and lost earnings, up to 80% of your income or $2,000 per month, whichever is less.
• Bodily Injury Liability Claim: This claim is aimed at the owner and operator of the car involved in the accident and seeks additional compensation for economic and emotional damages.

In the course of a pedestrian accident claim, the court will seek to determine the amount of fault. Under comparative fault regulations, the injured party is eligible for compensation minus the percentage they are found to be at fault. For example, if a pedestrian is entitled to $100,000 in compensation but 15% at fault for the accident, they can recover $85,000 for their injury. Working with a personal injury lawyer can help ensure that the responsible party’s fault is maximized.

Can a Pedestrian Be at Fault in a Car Pedestrian Accident?

A pedestrian can be at fault for a car pedestrian accident even though motor vehicles must always yield to pedestrians. Pedestrians still have a responsibility to ensure they are following the rules of the road as well. Some of the most common situations where a pedestrian can be found at fault are:

• A pedestrian was crossing against the traffic signal
• A pedestrian was crossing the road outside a crosswalk
• A pedestrian was walking where pedestrian access is clearly not allowed

Pedestrian accident liability can be a complex. There are many factors that need to be considered. If you have been injured, contact our firm today to learn how we can help you.

Our Hudson Valley Firm Is Here to Help

When you need legal representation, turn to The Ahearne Law Firm. Our full-service law firm has the skill and resources available to fight for the rights of pedestrians harmed by vehicles. With numerous accolades, we have a reputation for successfully handling high-profile injury cases. Speak with our team in a free consultation to discover how our firm can make a difference.