Who is liable if a pedestrian is hit in a crosswalk in New York?
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Video Transcript:
If a pedestrian is hit in a crosswalk, there’s a lot to consider. Now, there can be multiple parties that can be held liable. Number 1, it can be the pedestrian themselves. Meaning, just because you got injured again doesn’t mean you have a case. You have an obligation to cross within the crosswalk and also with the right of way, and it goes to apportionment of fault, of course. How far you traveled across and and in what capacity did you travel across? Were you running? Were you walking? Did you look both ways? Did you see the car that you’re not seeing? So you could be, as the injured party, could hold some responsibility. Now, the person who hit you also has some responsibility, and that’s what’s kind of litigated in a personal injury matter, and then what degree of responsibility does each one hold? There’s also issues that could be with the lights or the pedestrian signs. How do you know that this sign was not malfunctioning and had been malfunctioning for several months, and the city of New York knew about this and did nothing to repair it? So these are also things to consider. You might need an expert witness to go pull the data from that light or for those pedestrian signals, or were they working. Were they functioning? Was there notice to the city of New York that these things were malfunctioning and creating issues that could cause accidents. There’s many, many, many things to consider that people overlook, but come to Chopra Nocerino. We will help you in any which way possible that we can.