Motorists who drive in Kingston, the greater Hudson Valley region, and
all throughout New York owe a duty to other roadway users that requires
the use of reasonable care when driving, as would any other prudent person
on the road under similar circumstances, so that foreseeable harm is prevented.
This requires that the motorist obey all traffic laws, to be on the lookout
and see what there is to be seen, and to adjust vehicle operation based
on traffic volume and weather conditions. In some situations extra vigilance
Bicyclists also have a duty of care that requires following roadway rules.
In fact, pedestrians also must refrain from certain acts. In sum, all
roadway users are subject to responsibilities so that a preventable accident
does not occur. This is why you need to retain competent and experienced
Kingston car accident attorneys to represent you.
motor vehicle accidents that involve collisions with pedestrians could have been prevented and
would have been prevented had the motorist taken basic precautions. Excessive
speed in general, and under special circumstances such as urban driving,
is a common cause of
pedestrian collisions. Failing to yield the right of way to a pedestrian in a crosswalk; failing
to look out for pedestrians using the road; failing to slow down during
inclement weather; turning left without looking for pedestrians are also
common causes of pedestrian collisions.
Driver inattention also causes collisions with pedestrians. The obvious
is when the driver is texting or talking on a mobile device. But inattentiveness
can also be due to many other distractions, such as tuning the radio to
a different channel, turning and talking with passengers, or taking one’s
eyes off of the road for any other reason.
Driving under the influence of
drugs and or alcohol is another common cause of pedestrian injuries and fatalities. As you
know, New York laws regulate the operation of a motor vehicle under the
influence of foreign substances that which impair one’s ability
to operate a vehicle.
Our experienced Kingston pedestrian personal injury attorneys have also
seen instances where a pedestrian collision occurred in a parking lot.
Even where a motorist was simply backing out of a parking space, but failed
to look out for pedestrians and subsequently caused a collision.
These common causes of
pedestrian collisions also are known to cause the same types of injuries. The range from minor
to serious injury is quite wide; ranging from small bruising and scrapping
to lacerations, bone fractures, traumatic brain injuries, and ultimately
death in some cases.
Cartilage and ligaments in the knees, ankles, shoulders, etc., are commonly
injured when a pedestrian is struck by a motor vehicle. It is also common
for one to try and brace oneself when falling; holding out one’s
hands or arms. Broken or sprained fingers, hands, wrists, and or elbows
are the end result.
Pedestrian collisions almost always involve multiple collisions. There
is the collision between the vehicle and the pedestrian, and then there
is the subsequent collision between the pedestrian and another object,
such as the pavement or cement. The initial impact can fracture an arm,
leg, or spinal vertebra, and then the impact with the ground can lead
to a skull fracture and brain injury. If the impact is great enough,
death could be instant or the pedestrian could suffer in pain before succumbing
to his or her injuries.
As mentioned above, all roadway users have responsibilities. Just as motorists
must yield to pedestrians in crosswalks, pedestrians must not dart into
crosswalks leaving the motorist no time to prevent a collision. Additionally,
pedestrians must not run out from in between parked cars or directly in
front of oncoming traffic. Pedestrians must also obey roadway signage,
and even follow basic rules such as walking on the left side of the road,
unless of course it is more dangerous than not following the rule.
Pedestrians injured in vehicle collisions should not refrain from suing
if they might have violated a rule because New York allows a plaintiff
recovery even if partially at fault. But let our office review and advise
you what you may be entitled to, as opposed to making the assessment yourself.