Can a Pedestrian Sue if Hit By a Car in New York?

In our legal practice, we are often consulted by pedestrians who were struck when they were crossing the street.

We're asked, can a pedestrian sue for their injuries when hit by a car, bus, or a truck?

The answer is yes.

• A pedestrian crossing the street or a roadway in a crosswalk has the right of way, requiring vehicles to slow down or stop and yield the right of way to the person crossing.
• The driver a vehicle must be observant for pedestrians and not ignore their presence.
• The driver must slow down or stop to permit a pedestrian to pass.
• A driver must use his horn when necessary to warn approaching pedestrians of his presence.

These general principles of law permit a pedestrian to sue a driver for injuries caused by the driver's negligence and receive compensation for their physical injuries, emotional distress, loss of income, and pain and suffering.

Here are some considerations for suing on behalf of a pedestrian when crossing the street.

1. Was the pedestrian in the crosswalk?
2. Did the driver have an opportunity to see the pedestrian before striking the individual?
3. Was the driver driving his vehicle with reasonable care?
4. What steps did the driver take to avoid hitting the pedestrian?
5. Did the driver yield to the pedestrian and let the pedestrian cross?
6. Did the driver disobey a traffic control device?
7. Was the driver of the vehicle distracted and not paying attention to the road and driving conditions?
8. How far away was the driver when he first saw the pedestrian and what was his or her speed of travel?
9. What were the speed limits on the road and what speed was the driver traveling at?
10. Was the driver using his or her mobile phone at the time of the incident?
11. Did the driver use the vehicle's horn to war the pedestrian of danger?

At our law firm, De Caro & Kaplen, we believe in being prepared.

We don't sit back and wait for an insurance company to offer a settlement to our clients.

Our planning for each case is done as if we were going to trial.

The insurance company and their representatives understand we are serious and will leave no stone unturned in prosecuting your case.

In prosecuting the lawsuit on behalf of the pedestrian, our office will obtain the police accident report, photograph the scene of the accident, record sight lines and traffic control devices, obtain any video surveillance from buildings in close proximity, interview witnesses to the accident, obtain the driver's statement from the New York Department of Motor Vehicles, and begin a lawsuit against the driver and owner of the vehicle.

We will then confront the driver during a deposition and carefully question him or her about their conduct.

We will retain an accident reconstruction expert to analyze the driver's conduct.

We will obtain and analyze your medical records and rehabilitation records to better understand your injuries and current condition.

We will speak with your physician and we will try to obtain a fair settlement of your case, and if not, we are prepared to go to trial.

So call us at 212-732-2262 for a no obligation, free consultation, or use the form below, or text us so we can be of assistance to you.

Thank you.