You might recall from our previous posts that motorists have a duty to
operate vehicles in a reasonable and prudent manner so that harm is not
caused to other motorists. Motorists also owe this duty to pedestrians.
Likewise, pedestrians have responsibilities as well.
experienced Newburgh pedestrian collision attorney is well-versed in laws relating to pedestrian accidents. Certain facts,
such as where the pedestrian was located in the road at the time of the
accident, how the pedestrian entered the road, and the ways in which the
motorist responded when he or she perceived the presence of the pedestrian
all are important in determining civil liability.
One specific New York statute,
Section 1151 of the Vehicle and Traffic Law, states that motorists must yield the right of way to pedestrians in a
crosswalk. Yield means to either slow down or stop if need be so as to
avoid a collision with the pedestrian.
On the other hand, pedestrians are required to yield to motor vehicles
Section 1152 of the New York Vehicle and Traffic Law states that pedestrians crossing a street outside of a sidewalk must yield
to oncoming traffic.
A violation of Section 1151 could amount to an automatic finding of negligence,
and a violation of Section 1152 could deny recovery to the pedestrian
plaintiff. Your attorney also knows how to gain recovery for the plaintiff
that has breached section 1152.
The defense attorney for a motorist who has hit a pedestrian in a crosswalk
will try to use subsection (b) of the
New York Vehicle and Traffic Law Section 1151. That is, the defense attorney will attempt to prove that the pedestrian
abruptly entered into the crosswalk leaving no time for the motorist to
avert a collision. In this case, the defense attorney will argue that
the motorist acted reasonably under the circumstances.
On the other hand, if the pedestrian was outside of a crosswalk when struck,
the pedestrian’s attorney will look to see if the motorist acted
reasonably under the circumstances. It is obvious that motorists cannot
simply run over all pedestrians who cross the street outside of a crosswalk
and avoid civil liability. The experienced attorney will prove that the
motorist was not driving the vehicle in a reasonable manner. The speed
at which the motorist was driving could rise to negligence. What if the
motorist saw the pedestrian but did not do enough to avert the accident?
As you have read before, motorists have a duty to see what there is to
be seen. Even if the pedestrian has violated a statute, the driver may
still be liable if he or she has violated this duty.
Visit our latest article here covering these details here and return each day this week for more information.
Also look through our blog for the first blog post this week regarding
your duty to see what there is to be seen with the proper use of your senses
available at our blog here.
Our car accident 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 personal injury 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.