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Can a Driver File an Accident Claim Against a Pedestrian in New York?

Crosswalk in the evening in an urban area with tall buildings all around.

When accidents involving vehicles and pedestrians happen, most assume that the driver of the vehicle is at fault for the wreck. One of the reasons that people immediately jump to the conclusion that drivers are always at fault for pedestrian accidents is because the term, “pedestrians always have the right of way,” has been hammered into our heads all our lives. However, that is not always the case. In some instances, pedestrians are to blame for traffic accidents.

Who Can Be Liable for a Pedestrian Accident?

In many cases, drivers are at least partially to blame for pedestrian accidents. However, when it comes to pedestrian accidents, there’s plenty of blame to go around. Others who can be held liable for pedestrian crashes include the following:

  • Pedestrians – A driver cannot be held fully responsible for a pedestrian accident if the pedestrian’s careless actions led to the incident. For example, if a driver was careful and a pedestrian walked into the roadway outside of a crosswalk, the pedestrian could be held at least partially responsible for the incident.
  • Private Entities – Sometimes a pedestrian accident happens because a car malfunctioned. For instance, if the brakes were faulty, the driver may not have been able to stop in time to avoid hitting a pedestrian. In a situation like that, victims may be able to file a defective product lawsuit against the manufacturer of the brakes.
  • Government Entities – Pedestrian accidents that happen because of poorly designed roads, due to malfunctioning traffic signals, or in situations where the driver at fault was a municipal employee who was on the job, then a government entity may be liable for victims’ injuries and damages.

Ultimately, every traffic accident is unique, and fault should never be assumed. An experienced pedestrian accident lawyer knows how to properly determine who is at fault for traffic crashes involving pedestrians. A pedestrian accident attorney can help victims and their families hold those responsible for their pain and suffering accountable, including recovering the compensation they need to move forward with their lives.

Contact Us Today to Speak with Our Experienced Pedestrian Accident Attorneys for Free

Our experienced pedestrian accident lawyers at Belushin Law Firm, P.C. have been protecting the rights of victims and their families in Brooklyn and throughout NYC since 2002. We understand the toll dealing with the fallout from a pedestrian accident can take on individuals and families. Our personal injury attorneys know how to relieve that pressure and carry the legal burden, so that victims and their families can concentrate on getting their lives back on track.

For more information about Belushin Law Firm, P.C., and how we can help you, check out our clients’ reviews.

To speak with our experienced pedestrian accident attorneys about your situation, give us a call at (888) 918-9890 or contact us online today for a complimentary consultation.

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