A large percentage of pedestrian crashes are clearly the fault of irresponsible drivers. Excessive speed, distracted driving and alcohol impairment play a role in many pedestrian collisions.
Occasionally, drivers who hit pedestrians may try to blame the people on foot for the crash. They may point to violations of traffic statutes, such as crossing outside of the lines instead of within the designated crosswalk.
In those scenarios where the driver at fault for a crash tries to blame a pedestrian for crossing outside of the marked crosswalk location, can the pedestrians still secure compensation from that driver?
New York has a pure comparative negligence rule
There are many scenarios where each party involved in a traffic crash has a partial degree of fault. Defendants can assert that injured parties were to blame, and the courts then evaluate the evidence that they present.
Crossing a road outside of the marked crosswalk is no longer a traffic offense enforced by New York police departments, but it can factor into the allocation of fault after a crash. If a pedestrian did not stay within a marked crosswalk while crossing the road, that decision may have affected the chances of a driver noticing them on the road.
The courts may determine that they have a degree of fault for the collision that occurred. Even if the courts determine that the pedestrian was 90% at fault for the incident, they can still hold the driver accountable for their 10% of responsibility for the crash. Under New York’s pure comparative negligence rule, even those who are 99% at fault can seek compensation from the party with 1% of fault for the incident.
The allocation of fault does not bar recovery but instead reduces the damages actually received. Pedestrian collisions involving claims of comparative negligence are more complex than straightforward car crash claims. Injured pedestrians may need assistance preparing for court and presenting the case in a compelling manner.
Working with a New York attorney familiar with pedestrian collision claims can help people hold unsafe drivers accountable, even if they were not in a crosswalk at the time of a crash.