Who’s Liable for Pedestrian Accidents in New York?

Key Takeaways:

• Determining liability in a pedestrian accident is a critical step in the legal process.
• Motor vehicle drivers, property owners, local authorities, and employers of commercial drivers are commonly liable parties.
• Establishing fault often involves thorough investigation and collection of evidence, such as photographs, eyewitness accounts, and official reports.
• Seeking guidance from experienced New York City Personal Injury Attorneys can significantly aid in identifying the responsible party.

Motor Vehicle Drivers

Drivers of motor vehicles are often the first party examined when determining liability in pedestrian accidents. Factors that can make them liable include:

• Distracted Driving: Use of cell phones or other devices while driving.
• Intoxication: Operating a vehicle under the influence of alcohol or drugs.
• Speeding: Exceeding the posted speed limits or driving too fast for road conditions.
• Failure to Yield: Not giving the right of way to pedestrians at marked crossings or intersections.

Proving Driver Liability

• Eyewitness Testimonies: People who witnessed the accident can provide crucial details.
• Traffic Cameras: Video footage can offer irrefutable evidence.
• Vehicle Damage: The condition of the vehicle post-accident can indicate recklessness or negligence.

Property Owners

Property owners may also be held liable in pedestrian accidents that occur due to poorly maintained or unsafe premises.

• Slip and Fall: Wet or icy sidewalks, for example, can lead to accidents.
• Poor Lighting: Insufficient lighting can make it difficult for pedestrians and drivers to see each other.
• Obstructions: Items blocking sidewalks can force pedestrians onto the street.

Establishing Property Owner Liability

• Maintenance Records: Failure to maintain property may establish negligence.
• Local Regulations: Building codes and municipal rules can set the standard for what is considered “safe.”
• Past Incidents: Previous accidents or complaints can strengthen your case.

Local Authorities

Sometimes, the design or condition of a road or intersection can contribute to a pedestrian accident.

• Poor Design: Lack of crosswalks or signs can create dangerous conditions.
• Poor Maintenance: Potholes, broken signals, or worn-out markings can lead to accidents.

Evidence for Local Authority Liability

• Engineering Studies: These can show whether the road complied with safety standards.
• Accident History: A high incidence of accidents at the same spot can indicate a problem.

Employers of Commercial Vehicles

Companies can be held accountable for accidents caused by their employees while on the job.

• Negligent Hiring: Employing drivers with poor driving records.
• Failure to Train: Lack of proper training can result in reckless or uninformed driving behaviors.

Indicators of Employer Liability

• Employee Records: Past incidents involving the driver can imply a pattern of behavior.
• Company Policies: Failure to enforce safety standards can put the company at fault.

Contact The Orlow Firm Today (646) 647-3398

Determining liability in a pedestrian accident in New York can be complex but is essential for a successful legal outcome. Whether you are dealing with reckless drivers, negligent property owners, or other responsible parties, our team of New York City Personal Injury Attorneys at The Orlow Firm can guide you through this intricate process. For a personalized evaluation of your case, contact us today.