Choosing to travel on foot comes with many advantages. For some, it is a chance to enjoy the weather and take in your surroundings. For others, it is a great form of exercise. Whether you are walking for pleasure, to get to work, or merely from your car to a store, you deserve to be safe. Sadly, many drivers of cars, trucks, and SUVs do not take this expectation seriously. By speeding, failing to stop for individuals in crosswalks, or texting while driving, they place pedestrians in serious danger.
If you were injured by a negligent motorist while on foot, a compassionate personal injury attorney can help. At Richmond Vona, LLC, our Derby pedestrian accident lawyers are dedicated to helping you recover for your losses. We are prepared to take every necessary step to protect your legal rights and seek out the compensation that you deserve. Call our firm today to learn more about how we can advocate on your behalf.
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Establishing Liability in Pedestrian Accidents
It is easy to assume that a car, truck, or motorcyclist is automatically to blame when they collide with a person on foot. However, the law never presumes fault for an accident. The burden always lies on injured pedestrians to prove that a driver was negligent in causing a collision. In some instances, motorists and their insurance companies may argue that the injured party did not do all they could to prevent the incident.
These factors combine to place a heavy burden on those seeking compensation. Proving fault for a crash is one way in which a Derby pedestrian attorney aims to help. Our team then takes the lead in gathering the evidence necessary to show that another driver’s negligence was the cause of the collision. This can include:
Dashcam footage
Police reports
Witness statements
Accident reconstruction data
Talking with our qualified legal team today can help people to better understand what they need to prove to prevail in their cases.
Important Laws Regarding Pedestrian Collisions
Two main concepts of law apply to every case in which injured individuals seek compensation.
The Statute of Limitations
The statute of limitations is a strict time limit for a person to bring a claim forward following their accident and injuries. According to New York Civil Practice Law & Rules § 214, this time limit is three years for most pedestrian collision cases. Failing to meet this deadline can mean being completely barred from recovering compensation.
The Concept of Comparative Negligence
Many pedestrian accident cases are a balancing act. Courts considering these claims must evaluate the actions of not only the drivers but also the people on foot. They will do so using the concept called comparative negligence. Under New York Civil Practice Law and Rules § 1411, the court will reduce the compensation it awards by the percentage of blame it assigns to a pedestrian. For example, the court may award $100,000 in damages but assign 33 percent of the blame to the injured party. This will result in compensation in the amount of $67,000.
A pedestrian accident attorney in Derby can help individuals understand their responsibilities and rights and will ensure compliance with applicable laws to seek the best possible legal outcome in their circumstances.
Contact a Derby Pedestrian Accident Attorney Today
Many pedestrian accident cases are more complex than they first appear. Not only will you need to prove that another driver’s actions caused the collision, but you will also need to demonstrate the full extent of your losses and, in some instances, defend yourself against allegations of shared blame. Allow a Derby pedestrian accident lawyer to help.
At Richmond Vona, LLC, we will work tirelessly to protect your rights while pressing for the full compensation needed to get your life back in order. Reach out to our team to get started with a free consultation.
With over 25 years of combined personal injury experience, our co-founding attorneys, John E. Richmond and Keith R. Vona, have helped injury victims and their family members recover more than $150 million in financial relief.
John E. Richmond
Co-Founding Member
As one of New York’s top personal injury attorneys, John E. Richmond understands that clients come first. With over a decade of experience representing plaintiffs, he knows how to hold negligent corporations and big insurance companies liable.
In his nearly 15 years in practice, Keith has been consistently recognized for his client service and record of results. He has been selected for inclusion in the New York Super Lawyers® Rising Stars list four times (2013 to 2016), an honor reserved for the top up-and-coming attorneys.
