Pedestrian accidents in Rochester and elsewhere in Upstate New York can have many different causes. In most cases, another party may be liable for the pedestrian’s injuries, and the pedestrian may be eligible to file a claim in order to seek financial compensation. According to the U.S. Centers for Disease Control and Prevention (CDC), a pedestrian is killed every 88 minutes on average in the United States, and approximately 137,000 pedestrians require emergency treatment every year for injuries. An experienced Rochester pedestrian accident lawyer at our firm can tell you more about common causes of pedestrian accidents and can help you to seek compensation for your losses.
Motor Vehicle Driver Error
In most pedestrian accidents, the cause of the accident is motor vehicle driver error. A motorist (including car drivers, truck drivers, and motorcyclists) might engage in dangerous and negligent behaviors like aggressive driving, distracted driving, or impaired driving that result in a collision with a pedestrian. When a motor vehicle driver’s careless behavior results in a pedestrian’s injury, that pedestrian may be able to file a lawsuit against the motorist.
Just as motor vehicle drivers can cause accidents involving pedestrians, bicyclists who are riding on sidewalks or in areas frequented by pedestrians can cause collisions and injuries if they are distracted, impaired, or riding too fast and aggressively for the area. For example, if a bicyclist is traveling at a speed of 10 to 15 miles per hour on a sidewalk, the bicyclist likely will be liable if she or he cannot stop to avoid a collision with a pedestrian.
Hazards on the Premises
Many pedestrian accidents and injuries occur because there is a hazard on the premises. For example, a sidewalk might have a serious walking hazard that results in a trip and fall, or a liquid spill inside a retail store might lead to a serious slip and fall accident. In these cases, the pedestrian could be eligible to file a premises liability lawsuit against the owner or manager of the premises.
Sometimes a pedestrian’s own fault can play a role in causing the accident and resulting injuries. Most often when a pedestrian is fully or partially at fault for an accident, the cause is distracted walking. Similar to distracted driving, when a pedestrian is distracted because she is talking or texting on a phone, listening to music while walking, or distracted by certain thoughts or ideas that are preventing a focus on traffic, serious accidents and injuries can occur. Fortunately, New York uses a pure comparative fault rule, which means that a distracted pedestrian can still recover damages from an at-fault driver or another at-fault party as long as the pedestrian is not fully at fault. The pedestrian’s damages award will be reduced by her percentage of the fault, however.
Contact a Pedestrian Accident Attorney in Rochester
If you or someone you love sustained serious injuries in a pedestrian accident, it is essential to seek advice from an experienced Rochester pedestrian accident attorney as soon as possible. Given that many pedestrian accidents involve collisions with motor vehicle, pedestrians frequently sustain life-threatening harm that requires extensive medical treatment and results in significant lost wages. The sooner you begin working with an attorney to file a claim, the sooner you can be eligible to obtain compensation to help cover your losses. Contact King Law today to learn more.