People frequently walk around Syracuse and nearby areas to improve their physical and mental health, complete errands, and for many other reasons. Most people who walk in and around the city take measures to protect themselves, but even the safest individuals may not be able to avoid injuries if they are brought about by an accident caused by someone else’s negligence. While money alone cannot compensate for the devastating injuries caused by pedestrian accidents, under New York law, people who recklessly harm others can be held accountable for any damages that they cause. If you or someone you love were struck by a motorist while walking, you have the right to seek compensation, and it is prudent to meet with a lawyer as soon as possible. The assertive Syracuse personal injury attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers have the skills and experience needed to prove the liability of careless drivers, and if you engage our services, we will advocate zealously on your behalf. We frequently help people pursue damages following pedestrian accidents in Syracuse, where our primary office is located, and in Rochester and other cities in Upstate New York.Causes of Pedestrian Accidents
The majority of pedestrian accidents happen when a driver neglects to observe a person walking on a sidewalk, crosswalk, or road or declines to give a person the right of way, which causes a collision. Pedestrian crashes can also arise when overgrown shrubs, bushes, or grasses force a person to leave a sidewalk or other safe walkway and move onto a road traveled by vehicles. Pedestrian accidents can cause a variety of injuries, including relatively minor harm, such as abrasions, contusions, and strains, to more serious ones, such as fractures and sprains. In many cases, pedestrian accidents cause catastrophic losses, such as traumatic brain injuries, paralysis, hemorrhaging, and in some cases, death.Elements of a Lawsuit Arising Out of a Pedestrian Accident
Pedestrians who are struck by cars often suffer devastating injuries that cause not only physical pain but also economic losses. As such, they often choose to seek compensation via personal injury lawsuits against the party responsible for their accident. Typically, a plaintiff in a case arising out of a pedestrian accident must prove the defendant was negligent.
In New York, negligence is comprised of four elements. First, the plaintiff must show that the defendant owed the plaintiff a duty. The duty may be to act as a reasonable person would in a similar situation or to abide by a law or ordinance. Next, the plaintiff must prove that the defendant breached the duty owed. Then, the plaintiff has to establish causation and damages. This means the plaintiff must demonstrate that they suffered identifiable losses due to the accident and that they were proximately caused by the defendant’s breach. In other words, that the plaintiff’s harm would not have occurred if the defendant did not depart from the duty owed.
In some cases, the defendant will argue that the plaintiff is responsible for causing the accident and should not be granted any damages. For example, the defendant might claim that the plaintiff was crossing an intersection at an inappropriate time or wandered into the road in front of the defendant’s vehicle. Under New York’s pure comparative negligence law, though, plaintiffs who are deemed partially at fault for their own harm can recover compensation; the courts will merely reduce the damages they receive in proportion to their negligence. For example, if a jury awards a plaintiff in a pedestrian accident lawsuit $100,000 in damages but finds the plaintiff to be thirty percent at fault for the accident, the plaintiff’s compensation will be reduced to $70,000.Meet with a Seasoned Personal Injury Attorney in Syracuse, Rochester, or Upstate New York
Pedestrians that are struck by careless drivers often suffer lifelong harm. If you or a loved one were hurt in a pedestrian accident, you might be able to recover damages from the driver responsible for the collision, and you should meet with a lawyer to assess your possible claims. The seasoned Syracuse personal injury lawyers of DeFrancisco & Falgiatano Personal Injury Lawyers can advise you of your rights and aid you in pursuing the full amount of compensation available under the law. We often represent people in personal injury matters in Syracuse, where our main office is located, as well as in Rochester and in other cities throughout Upstate New York. You can contact us through our form online or by calling 833-200-2000 to set up a free and confidential meeting.