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Who is Liable For a New York Crosswalk Pedestrian Accident?

Marked crosswalks are recommended for pedestrians to cross a busy intersection or street safely. The problem is crosswalks don’t always offer an expected level of safety. Few crosswalks in the New York area contain hidden dangers or are poorly designed. They can cause a serious pedestrian accident. You must include the details of the crosswalk in your damage claim if it contributed in some way to your accident.

nyc crosswalk accident

Pedestrians usually have the right to file a claim against the reckless and negligent motorist that struck them. However, a pedestrian may also hold others liable if the accident occurred because the crosswalk was improperly or inefficiently constructed. In New York, the injured party reserves the right to claim financial damages suffered in an accident because of the negligence of another.

You can maximize your compensation amount and increase the likelihood of a favorable outcome by consulting with a pedestrian accident lawyer. The investigators and legal team at Rosenberg, Minc, Falkoff & Wolff, LLP are there for you.

Common Pedestrian Accident Causes in New York City

Few common causes of pedestrian accidents while using a crosswalk include:

  • Failure to yield the way
  • Drivers’ attention is focused on navigating rather than the pedestrian during left-hand turns
  • Driving distractedly
  • Speeding (risk of fatal or serious injuries increases)
  • DUI and DWI
  • Weather conditions
  • Poor lighting
  • Not noticing pedestrians while reversing

Liability in an NYC Crosswalk Pedestrian Accident

The driver in most situations is expected to yield the right of way to pedestrians. This is especially true for encounters on the crosswalk. In most pedestrian accidents, the motorist is held liable for the pedestrian accident. However, in some special circumstances, it is possible for another party to be held partially liable for the accident as well.

For instance, an aggressive bicyclist coming down the sidewalk may force a pedestrian out of the way and into the street. An illegally parked car that hides pedestrians from oncoming motorists is another example of at-fault.

Sometimes, a pedestrian is responsible for the accident too. In such cases, the pedestrian shall be held responsible. This includes instances where the pedestrian crosses a traffic signal when there is still traffic on the road, crosses the street without using the crosswalk, fails to yield to oncoming vehicles, or walks on limited access roadways and highways where pedestrians are not allowed.

Proving Driver Negligence in Pedestrian Accidents

It is possible for the driver to argue that the pedestrian was responsible for the accident in certain crosswalk pedestrian accident lawsuits. They may claim the pedestrian tried crossing the intersection when the driver’s light was green or jumped on the street in front of the motorist’s vehicle.

Eyewitnesses are crucial to such lawsuits. They can testify to vital details leading up to the moment of impact or collision. They can testify whether the driver was speeding, whether the pedestrian has the right of way, whether the pedestrian was using the crosswalk while attempting to get to the other side of the street, and the traffic signals when the accident took place.

Surveillance video in nearby stores of traffic cams can also be used for capturing these details. Other details, such as skid marks (or lack thereof) on the road may provide evidence of negligent driving and speeding.

Pedestrian Liability Claims against Government Agency

Sometimes, multiple factors may come into play causing a pedestrian accident. This is usually true for pedestrian crosswalk accidents. Irresponsible drivers may fail to slow down as they approach the intersection and hit the pedestrian while they are attempting to cross the road. This alone should be enough to establish liability against the driver.

But, it can also be possible that the traffic lights malfunctioned or failed to give the motorist any warning. In this scenario, the pedestrian’s injuries are caused by malfunctioning safety features as well. The injured pedestrian can now file a claim against the motorist as well as the entity responsible for the lights.

This entity can be the state or the city where the crosswalk is located. Your chances of recovering maximum compensation are better when you file a claim against multiple parties. However, multiple party lawsuits tend to get very complicated. Claims brought against government agencies have several components that are not found in lawsuits against motorists.

Injured parties in New York get 90 days from the date of the accident to file a formal damage claim against the government entity. In case of a claim denial, the injured party gets a year to file a lawsuit. However, if the agency fails to respond, the injured party can file a lawsuit within two years.

It is vital that you seek representation from an experienced crosswalk accident attorney when filing claims against different entities. This is to make sure all paperwork is filed and documented correctly and in a timely manner.

Dangerous Conditions Associated with Crosswalks

Dangerous conditions can be defined as a property defect that poses a significant risk to people when used as intended. There are several factors that can make a crosswalk dangerous. Few common ones are:

  • Poor lighting conditions: Poor lighting can affect the traffic at crosswalks at night. This usually happens when the crosswalk is not properly designed to include adequate lighting. This also occurs when the lighting is ill-maintained.
  • Poor traffic signals: It is risky being in a crosswalk without the right traffic signals. Pedestrians get a false sense of safety. Motorists and pedestrians are left at an advantage when some crosswalks lack signs, blinking lights or other features. In such situations, the entity responsible for designing the crosswalk or maintaining it would be held liable if a pedestrian gets injured while using the crosswalk. Your attorney will use experts to strengthen your lawsuit in such cases.
  • Poor visibility: Few roads become an accident risk when a crosswalk is built on them. This is because they have an upward slant which makes it difficult for a motorist to see whether someone is on the crosswalk. It can also be because there is a turn right before the crosswalk, which creates a blind spot. In such situations, the pedestrian and the motorist are placed at increased risk. In case a crosswalk is placed after a turn, the engineers, designers, and people responsible for the construction can be held liable for approving such improper and unsafe plans.
  • Roadway speed and traffic flow: Some roads have higher speed limits along with high vehicular volume. It can be a problem building crosswalks on such roads for pedestrians to cross over safely. Many pedestrians, like children and older individuals, may not be able to get to the other side quickly or safely.
  • Accident-prone areas: Areas with frequent accidents pose a danger for pedestrians. The agency in charge is required to use multiple or similar incidents at an intersection or crosswalk as a safety barometer. They are responsible for taking adequate steps to identify the problem and then fix it to prevent accidents. Failure to do this increases an injured party’s chances of acquiring compensation.
  • Crosswalk users: Crosswalks used by a specific age-group of population segment should have adaptations done on them to make them safer. For instance, crosswalks next to senior centers or assisted living domiciles should have longer time durations to allow elderly pedestrians to cross over safely.

How RMFW Law Investigates a New York Pedestrian Crosswalk Accident

It is important to gather all evidence linking a negligent motorist or a specific agency to the incident after a crosswalk pedestrian accident occurs. The burden of proving at-fault falls on the injured party in personal injury lawsuits in New York. Our law firm doesn’t waste a minute in dispatching qualified investigators to the accident spot in pedestrian accidents. They begin their investigation by scrutinizing the area and interviewing witnesses.

The investigators hired by Rosenberg, Minc, Falkoff & Wolff, LLP will make use of accident reconstruction techniques for determining the position of all involved before, during and after the accident. The investigators pay special attention to speed limit and traffic density in such accidents. They also examine the appropriate applicability of crosswalk placement in that area.

We shall take a close look at the traffic lights to see whether they are working and the time allowed for crossing. We will also check whether all crosswalk features are properly maintained and the type of lighting in the area. We shall check whether drivers received proper warning about an upcoming crosswalk.

We shall examine the incident report of the collision to look for inconsistencies. We will review police records to ascertain the number of similar accidents in the area. In addition, we obtain video footage if surveillance cameras are available on businesses and traffic lights. This data is used by our legal team to build a strong and robust lawsuit for our clients.

Speak to our pedestrian accident attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP, if you or a loved one was hit while using the crosswalk in New York. We offer free initial consultation so that you can better understand your options and the ways our law firm can help you maximize your compensation. Get in touch with us today by calling at 212-344-1000.

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April Johnson
April Johnson
15:54 30 Jun 23
Easy access to thr firm with a very nice Lawyer
Benjamin Roussey
Benjamin Roussey
19:03 29 Jun 23
No firm gets it done like RMFW. They are the best.They are awesome - for sure.
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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