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Auto Accidents: What if a Pedestrian is Partly to Blame?

When pedestrians get hit by a car, the damage can be astronomical. Because there is no protection from impact, pedestrians can sustain serious life-changing injuries. In fact, sometimes, the injuries are fatal.  Still, pedestrians may be able to make claims against the driver of the car that hit them if they can show the driver was to blame.

Unfortunately, sometimes pedestrians are also partly responsible for the accident. This can make recovering pedestrian accident damages more complicated. New York City pedestrian accident lawyers can provide assistance to victims of pedestrian accidents or their surviving family members by helping them obtain just compensation for their damages.  Your attorney will also provide invaluable advice on what happens after a crash that you were considered partially responsible for causing.

What Happens if Pedestrians Share Blame for Causing Accidents?

Transport Workers Union (TWU) warns that pedestrians are increasingly engaging in dangerous behaviors that often lead to motor vehicle accidents occurring. The research cited by TWU reveals that pedestrians had some responsibility for causing almost 47 percent of fatal collisions where the pedestrian died in the accident.  This number comes from a two-year study conducted by the New York City Department of Transportation.

One of the behaviors performed by pedestrians involves crossing against the signal, which is described as the primary cause of 31 percent of pedestrian deaths.  Pedestrians are also increasingly using electronic devices and not paying attention. The problem of pedestrian behavior causing accidents appears to be the worst in Manhattan where the streets are very crowded.  In Manhattan, pedestrian actions are the primary cause of approximately 43 percent of fatalities and around 56 percent of total pedestrian-vehicle accidents.

The risks of pedestrians contributing to accidents has only become exacerbated in recent years as a result of the rise of smartphones and other electronic devices. Many people walk while looking at these devices, which is considered “distracted walking.” While there are laws against cell phone and electronic device use while driving, there are no corresponding laws preventing walkers from using their phones and looking at electronics. Sadly, these pedestrians could end up walking into the path of a car when they are not paying attention.

In situations where a walker is partly responsible for a crash, the walker or his or her family members may still wish to explore the possibility of making an injury claim.  New York allows victims to pursue a case for compensation — even if those victims were partly to blame. The rule allowing victims to sue even if they shared some responsibility is called the comparative negligence or comparative fault rule.

The comparative fault rule replaced traditional common law rules throughout the U.S., as traditional contributory negligence rules would unjustly prohibit victims from pursuing claims when the victim was responsible in any way for contributing to the accident.

Comparative fault rules, on the other hand, let a victim pursue a claim against a defendant, even if the victim shares responsibility for what happened. If the victim is able to successfully show the defendant is at least partly responsible, the victim can recover compensation for the portion of blame attributed to the defendant.

Rosenberg, Minc, Falkoff & Wolff can represent victims and assist them in proving the extent of a defendant’s responsibility in injury claims where the plaintiff shared some fault in causing the accident. Call for help as soon as possible to learn more about your options under the law.

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April Johnson
April Johnson
15:54 30 Jun 23
Easy access to thr firm with a very nice Lawyer
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Benjamin Roussey
19:03 29 Jun 23
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Roberto Martinez
Roberto Martinez
19:02 24 May 23
I’ve been in the personal injury field as an investigator for 29 years. All in New York City. Out of all the hundreds of Law Firms I’ve worked with, Rosenberg Minc Falkoff & Wolf, would have to be at the very top of my list. Amazing staff great attorneys.If you want the job done right, these are you guys.
Julio Ochoa
Julio Ochoa
20:49 18 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP for their outstanding assistance in obtaining a settlement for an Erb's Palsy birth injury case. Their knowledge, dedication, and compassionate attitude were important in attaining a successful end. Their professionalism and assistance were simply outstanding from beginning to end. I am deeply thankful for their representation and would enthusiastically recommend them to anyone seeking justice in a similar situation.
Aisha Neri
Aisha Neri
20:29 18 May 23
I recently had the privilege of working with Rosenberg, Minc, Falkoff & Wolff, LLP on my daughter’s birth injury case involving Erb's Palsy, and I cannot express enough gratitude for their exceptional legal services. From the initial consultation to the successful settlement, they demonstrated profound expertise, unwavering dedication, and genuine compassion for my family's situation.From the very beginning, the team proved their commitment to justice. They thoroughly investigated the circumstances surrounding my child Erb's Palsy birth injury, leaving no stone unturned. Their extensive knowledge and understanding of medical malpractice law, coupled with their deep expertise in birth injury cases, provided us with tremendous confidence in their ability to handle our case.The attorneys at Rosenberg, Minc, Falkoff & Wolff consistently displayed exceptional professionalism and attention to detail throughout the entire legal process. They meticulously gathered evidence, consulted with medical experts, and built a compelling case that clearly outlined the negligence and liability on the part of the medical professionals involved. One aspect that truly stood out was the genuine care and compassion exhibited by Daniel Minc, Lorraine Licul, and the entire team at Rosenberg, Minc, Falkoff & Wolff. They treated us not just as clients but as individuals with unique emotions and concerns. They took the time to listen attentively to our worries, provided constant updates on the progress of our case, and promptly responded to our inquiries, ensuring we felt supported and reassured throughout the process. Their empathy and understanding made an immeasurable difference during such a challenging and emotionally taxing time.When it came time to negotiate a settlement, Daniel Minc demonstrated remarkable skill and tenacity. He fought fiercely on our behalf, advocating for fair compensation to cover any potential long-term effects of Erb's Palsy on my child's life. His negotiation skills were truly impressive, as they secured a settlement that exceeded our expectations and provided the financial resources necessary to support my child's future needs.I cannot recommend Rosenberg, Minc, Falkoff & Wolff highly enough to anyone seeking legal representation in Erb's Palsy birth injury cases or any other medical malpractice matters. Their extensive experience, unwavering dedication, and empathetic approach make them an exceptional choice for families navigating the complexities of birth injury litigation. Thanks to Rosenberg, Minc, Falkoff & Wolff, my family now has the means to provide the best care and opportunities for my child's future.If you are seeking a law firm that combines legal expertise with genuine compassion, look no further than Rosenberg, Minc, Falkoff & Wolff, LLP. They will tirelessly fight for your rights and ensure your voice is heard, providing you with the support and justice you deserve.
Aoki R
Aoki R
17:14 17 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP. They are a team of dedicated professionals fully committed to their clients. I have witnessed the firm's amazing work ethic in my experience with their attorneys and Lorraine Licul. Lorraine is a knowledable, empathetic and results-driven professional. Minc is an excellent attorney and I greatly appreciate the firm's expertise.
Michael Levites
Michael Levites
17:42 12 May 23
I have recommended this firm to some of my friends and I heard back only positive feedback about the client responsiveness, diligence and hard work put in by these attorneys. I will continue to refer anyone who suffered a personal injury to Rosenberg Minc..
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