How to Prove Driver Negligence in New York City Pedestrian Injury Cases 

Pedestrian accidents are a widespread issue throughout New York City, affecting every borough—whether it’s the crowded streets of Manhattan, the busy intersections of Brooklyn and Queens, the bustling avenues of the Bronx, or the rapidly growing roadways of Staten Island.

Regardless of location, the city’s high foot traffic, dense population, and fast-paced environment create a heightened risk for pedestrians across all neighborhoods. These accidents can have devastating, life-changing impacts.

Victims often suffer severe injuries like traumatic brain injuries, spinal cord damage, or broken bones, leading to prolonged medical treatments, rehabilitation, and potential permanent disabilities. This not only disrupts the victim’s ability to work and maintain their livelihood but can also place a tremendous emotional and financial burden on their families.

For families who have lost a loved one, the pain is compounded by unexpected funeral expenses, loss of income, and enduring emotional trauma. The ripple effects of a pedestrian accident can be profound, affecting every aspect of daily life and altering the future forever.

In the unfortunate event of a pedestrian accident, proving driver negligence becomes crucial for victims seeking compensation. Understanding the legal framework in New York and the critical elements of a negligence claim can significantly impact the outcome of a pedestrian injury case.

Here, our New York City personal injury attorneys explain.

What is Negligence in New York City Pedestrian Injury Cases?

Negligence is a legal concept that refers to a person’s failure to act with the level of care that a reasonable person would in a similar situation. In pedestrian injury cases, proving that the driver acted negligently is essential to winning a lawsuit. Pedestrians often have legal protections, but they must still demonstrate that the driver’s negligence directly caused their injuries to succeed in their claim.

What are the Key Elements to Prove Negligence After a Pedestrian Accident in New York City?

To establish negligence in a New York City pedestrian injury case, the victim must prove the following four elements:

• Duty of Care: In New York, drivers are legally obligated to operate their vehicles safely and responsibly, especially when pedestrians are nearby. This duty includes obeying speed limits, stopping at crosswalks, and yielding the right-of-way. Drivers are also expected to be alert and attentive, avoiding distractions like texting while driving.
• Breach of Duty: The victim must demonstrate that the driver breached their duty of care. This breach can take various forms, such as running a red light, failing to yield at a crosswalk, driving under the influence, or speeding. Evidence such as traffic camera footage, eyewitness testimony, or police reports can help establish that the driver failed to act responsibly.
• Causation: The injured pedestrian must show that the driver’s breach of duty directly caused the accident and resulting injuries. For instance, if a driver fails to yield to a pedestrian at a crosswalk and strikes them, the direct link between the driver’s actions and the injuries suffered by the pedestrian becomes clear.
• Damages: The pedestrian must prove that they suffered actual damages due to the driver’s negligence. This can include medical bills, lost wages, pain and suffering, and long-term rehabilitation costs.

Practical Tips for Pedestrians to Strengthen Their Personal Injury Claims

Seeking immediate medical attention after a New York City pedestrian accident is the most critical step in your legal claim because it establishes a crucial link between the accident and your injuries.

Prompt medical evaluation ensures you receive necessary treatment and creates official medical records documenting the nature and severity of your injuries, which serve as critical evidence in your claim.

Insurance companies and defense attorneys often scrutinize gaps in treatment, using delays to argue that injuries were not as severe or were unrelated to the accident. By getting medical attention immediately, you protect your health and strengthen your legal case, making it more likely to secure fair compensation for your damages.

Most people involved in pedestrian accidents cannot do anything more than get immediate medical help. We understand. Our skilled pedestrian accident and injury attorneys in New York City can help by collecting the essential evidence to substantiate your case, which is critical to building a solid negligence claim.

That includes:

• Police Reports: Police officers often create detailed reports that can serve as crucial evidence, indicating fault based on their investigation.
• Traffic Camera Footage: Many intersections in New York are equipped with cameras that may have captured the accident.
• Eyewitness Statements: Witnesses can provide valuable testimony about the driver’s behavior leading up to the accident.
• Medical Records: These records show the extent of injuries and link them to the accident, proving that damages were incurred.
• Driver’s History: If the driver has a history of traffic violations, this may help support a pattern of reckless or negligent behavior.

Navigating the complexities of a pedestrian injury claim in New York requires legal experience and guidance. We can help.

Contact Our New York City Personal Injury Attorneys at David Resnick & Associates, P.C

Contact the New York personal injury law firm of David Resnick & Associates, P.C., online or call us at 212-279-2000 today for a free consultation about your case. We serve clients throughout New York City, in Manhattan, Queens, Brooklyn, Staten Island, the Bronx, and Long Island.

There is never a charge to speak with our skilled New York City injury attorneys. If your case qualifies to move forward, we will handle every aspect from start to finish without charging any upfront or out-of-pocket fees. You will pay nothing for our elite personal injury attorney services unless we win your case. That is a promise.

Author: David Resnick

Founder of David Resnick & Associates, P.C., a New York personal injury law firm in charge of providing exceptional and personal service to each of our clients in various areas including car accidents, slip and fall, wrongful death, construction accidents, and premises liability. David Resnick founded the firm in 1998 after working in large law firms where he saw a need for greater client communication and more personal care.