Waiting at a traffic intersection on a warm spring day, Melanie waits for
oncoming traffic to pass before making a left turn onto Broadway. Her
windows are down and she is lost in her favorite springtime song. Traffic
clears and she turns while belting out the lyrics. Lost in a musical trance,
she doesn’t look to see if pedestrians are crossing Broadway at
A mother and child holding hands in the crosswalk don’t see Melanie’s
car approaching. All of a sudden, the car tires screech as she comes to
a halt after striking the young family of two. Although Melanie was driving
at a low rate of speed, the mother suffers a broken leg and fractured
skull. The child suffers fractured ribs, a broken arm and shoulder, and
a skull fracture.
Experienced Poughkeepsie personal injury attorneys know that New York’s legal standard for drivers is that they must
use reasonable care, as would any other prudent person, when driving so
that unnecessary harm is not caused to pedestrians. Any failure to obey
traffic rules and failing to adjust driving in accordance with road conditions
is negligence. Offending drivers can be held liable for this.
Most people understand this, but nonetheless, thousands of pedestrians
are killed by motor vehicles every year. Almost eighty thousand pedestrians
are injured in car accidents annually as well. If you or a loved one has
been injured or killed by a negligent motorist, our experienced Poughkeepsie
attorneys can help get you and your family the compensation that is deserved.
Contributing factors that lead to
motor vehicle accidents with pedestrians include the following:
- Failing to yield the right of way
- Drunk driving
- “Buzzed” driving
- Driving while under the influence of drugs, legal or illicit
- Distracted driving
- Failure to obey traffic devices and various driving regulations
- Using a mobile device while driving
- Failing to see what there is to be seen
Even if the fictional characters in the story above were crossing the street
outside of a crosswalk, the offending driver may still be liable for the
victim’s injuries and damages. It is quite normal for drivers to
expect pedestrians to cross roads outside of crosswalks. Motorists should
be on the lookout for this.
In New York, even if the
injured pedestrian was partially to blame for the accident, the injured pedestrian may still
be able to collect compensation from the driver that hit them. New York
courts will simply determine the percentage by which each party is at
fault and apportion the damages award in accordance with that percentage.
Injured pedestrians should expect to receive compensation for money spent
on medical care, rehabilitation costs, lost wages, long term care costs,
pain and suffering and for any other economic or non-economic loss attributable
to the driver’s negligent operation of the motor vehicle.
Learn more about springtime warm weather bringing people outdoors for fun
and, unfortunately, accidents
in our latest article posted here.
Our personal injury attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious car accidents, particularly
throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie, and
Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here. If you or a loved one has been injured in a personal injury accident,
please do not hesitate to contact us by calling 845-340-HURT (4878) or
toll free at 866-440-4452, or by using the
convenient contact form here.