Articles Posted in Pedestrian Accidents

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Sometimes, the explanation – and blame – for an accident can be fairly clear. Perhaps the driver who hit you was intoxicated, was asleep, was texting or otherwise distracted by a phone, was speeding or violated the rules of the road. Other times, though, none of those things are true about the accident that injured you. Just because your accident’s facts fit into the latter category, that does not automatically mean, however, that you cannot pursue the driver who hit you successfully. There may still be other valid bases for finding that driver negligent and getting the compensation you need. For skillful advice about how to handle your accident case, be sure to obtain representation for an experienced New York injury attorney.

In February, a tragic accident involving a well-known figure in New York sports made headlines, including a report by ESPN. A long-time college basketball coach was driving along an interstate highway late one night when he struck a man who was in the road on foot. The impact inflicted fatal injuries upon the man.

At the conclusion of the police’s investigation into the accident, authorities decided that the state would bring no criminal charges against the coach. The coach was not speeding and was not driving recklessly. Additionally, he was very helpful and cooperative at the scene, including submitting to a blood-alcohol content analysis that yielded a result of 0.00, a report stated.

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There are several different important thresholds in your personal injury case. One of these is when your opponent asks the court to award summary judgment in its favor. If you lose, then your case is over and you receive zero compensation. If you win, then you can continue proceeding with your case, giving you the opportunity to secure a favorable verdict or, alternately, a fair settlement. Clearing this threshold means, in part, understanding what is required for a summary judgment and knowing how to argue persuasively to the court that your opportunity is not entitled to that judgment. For the legal advice and strategies your case needs, make sure you contact a skilled New York injury attorney about your accident.

For an example, there’s the case of M., a bicyclist who was walking alongside her bike on a street that was beneath an overpass. A vehicle driven by J. hit M., running over her foot. M. suffered a broken foot and sued J. for her damages. In his defense, J. argued that the “Sole proximate cause” was M.’s negligence. That, he asserted, meant that he was entitled to summary judgment in his favor and the case against him should be thrown out. The trial judge agreed with J. and issued an order granting summary judgment in favor of the driver, thereby ending the bicyclist’s case.

M. appealed and she won. The ruling from the Appellate Division highlights just how high a hurdle it was that J. was trying to clear. To win, he had to have enough evidence to demonstrate to the court that there was not possible interpretation of the facts that would allow a reasonable jury (or judge in a non-jury trial) to concluded that J. was in any way negligent at all.

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Sometimes, the key to a successful personal injury case is not the documents you discover or the expert witnesses you deploy, but the questions you ask of the person you are suing for damages. In some cases, the key to success (or, at least, the key to avoiding an unfavorable summary judgment) can be the admissions made by your opponent herself. To get that information, though, you need to know how to question a witness. This is just one of the many ways that having an experienced New York pedestrian accident attorney on your side can help you and your case.

An example of this type of scenario was played out in the case of Jennie, a pedestrian who was hit and injured. Jennie had just finished dinner at a restaurant in a small upstate town. Returning to her vehicle meant crossing Route 9N, since the restaurant was on the other side of the road from the parking lot. As Jennie crossed the road, a driver hit her, causing significant injuries.

The evidence in the resulting legal case showed that the driver was traveling at about 30 mph, which was the speed limit for that stretch of Route 9N. The proof also indicated that the driver had her headlights on (because it was after dark). All of this evidence might seem to point in favor of the driver with regard to judging whether or not the driver was negligent in crashing into the pedestrian.

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Sometimes, your auto accident case may seem straightforward. “I was stopped and the other driver hit me from behind” is an example. Other times, the facts of your circumstance may be complex and multi-faceted. One recent example was a chain reaction accident in which the lead driver was hurt in the crash and then injured again when another driver struck him while he was on foot. Even the seemingly simple cases, though, can turn out to be complicated in actuality. If you have been hurt in an accident like that, you should ensure that you are prepared for whatever your case throws at you by having a skilled New York auto accident attorney representing you from the start.

The Appellate Division recently rendered a ruling in the chain reaction case in which the plaintiff was injured twice. The accident, which took place in 2013, was a real-life “series of unfortunate events.” Jonathan G. was stopped while waiting for a break in traffic in order to make a left turn. Jonathan N. and Brian were properly stopped behind the lead vehicle. Mary Beth, however, did not stop. She crashed into Brian, whose vehicle slammed into Jonathan N., who, in turn, crashed into Jonathan G. This collision caused Jonathan G. to suffer some harm.

The lead driver, however, was well enough to drive his vehicle onto an intersecting road. He then parked and returned to the accident scene to assist the other drivers and to exchange insurance information. On the way, though, 85-year-old Mary struck Jonathan G., causing him to suffer serious injuries.

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A very important new decision from the New York Court of Appeals could be a substantial benefit for people injured in vehicle accidents or pedestrian accidents. The high court’s ruling in favor of an injured sanitation worker was very important because it widens the sets of circumstances under which victims injured in accidents can go to court and use summary judgment to avoid full trials on the issue of liability. This lessens the circumstances in which a defendant can force a more protracted litigation on the victim, which can be stressful, time consuming, and expensive. When it comes to keeping up on changes in the law and how they can benefit you, rely upon the knowledge of an experienced New York car accident attorney.

The Department of Sanitation worker, Carlos, was at work when he was struck. During wintry weather, he was responsible for equipping sanitation trucks with tire chains and snow plows. While Carlos was working, a truck skidded on a slick surface and crashed into a Toyota car. The impact thrust the Toyota into Carlos, pinning him against a rack of tires. Carlos’ injuries were substantial. He eventually needed spinal fusion surgery and extensive physical therapy. He was permanently disabled from working as a result of the accident.

The worker sued the city for the damages he suffered. As is the case for many injury plaintiffs, Carlos sought a summary judgment in his favor on the issue of the city’s liability. Getting the judge to issue a summary judgment in your favor on the issue of liability can be an important benefit to your case. That means that the court has declared your opponent legally liable for your injuries without your having to go through a full trial on the question of fault. You can then focus on proving the extent of the damages you suffered.

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When you’ve been injured as a pedestrian crossing the street, it is important to keep a few things in mind. First, the law gives certain protections to a pedestrian who crosses in a crosswalk and with the light, requiring drivers to yield the right of way in many situations. If you are hurt crossing the street, you may have a claim for compensation. To learn more about your case, you should contact an experienced New York pedestrian accident attorney.

One example of a pedestrian’s successful injury lawsuit was the case of Yuemei. Shortly before noon on a Monday morning in January 2016, Yuemei was trying to cross 3rd Avenue in Brooklyn. As she crossed the street in the crosswalk, a driver turned right from 37th Street onto 3rd Avenue and slammed into her.

Yuemei later sued the driver and the owner of the vehicle that hit her. When you sue as a pedestrian, there are various ways to achieve a successful result in your case. One of the most efficient ways to succeed is to seek, and obtain, a summary judgment in your favor on the issue of liability. That means that the judge has determined that, even if all of the factual issues in dispute in your case were resolved in favor of the defense, you’d still win. It also means that you don’t have to go through a full trial on liability and can focus on proving the extent of your damages.

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If you are a pedestrian who has been hit by a bus or commercial truck, you probably have a lot on your mind. You’ve probably suffered some significant injuries, which have perhaps caused you to rack up large medical bills and maybe miss substantial time at work. With all that you have “on your plate,” the chances are you are not thinking about litigating your personal injury action. Even if you did, you probably would not know all of the laws and rules involved in keeping out improper evidence that potentially could harm your case. These are all reasons why you need to act promptly to protect your rights and to retain an experienced New York pedestrian accident attorney to represent you in your case.

One pedestrian who faced exactly this type of situation recently was Guillermo, who was hurt while attempting to cross a street in Manhattan. While he was crossing, a bus hit Guillermo, causing him to suffer substantial injuries. The bus was making a left turn when it collided with the pedestrian.

Guillermo sued for his injuries. In a case like this pedestrian’s, winning on summary judgment can be a substantially greater help than simply winning after a trial. Trials can sometimes be time-consuming, stressful, complicated, and expensive. They can also be unpredictable, raising the possibility of not winning at all.

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When you’re injured in a pedestrian accident, there are certain hurdles you expect to have to clear. You have to amass your evidence, and you have to be prepared to debunk your opponent’s defenses. What you may not necessarily be prepared to handle is a situation in which important proof in your case is lost due to the actions or inaction of your opponent. This is one of the many ways that a knowledgeable New York pedestrian accident attorney can help – by having the experience you need to be equipped for the unexpected.

Chava was a plaintiff who encountered such a problem. Her case arose after an event outside an auto body shop in Brooklyn. Chava was walking along the sidewalk when a vehicle allegedly ran into her. She sued the owner of the vehicle and the auto body shop (whose employee was driving the vehicle when the incident happened) for the injuries she alleged she suffered. Chava’s case argued that, as a sidewalk pedestrian, she had the right of way, that the driver violated the law by failing to yield the right of way, and that, since she had the right of way, she was completely free of blame.

The defense’s argument was that the pedestrian was actually 100% to blame for any collision that occurred. The defense, using an affidavit from an officer of the auto body business, claimed that a security video camera captured footage showing the pedestrian standing to the side of the vehicle and then sitting down next to it so that the vehicle’s tire would run over her toes as it backed up.

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In many varieties of civil litigation, including auto accident cases, discovering, accumulating, and presenting the strongest pieces of evidence in support of your case is vital and an important area where having experienced New York pedestrian accident attorneys helps. One example from earlier this year involved a pedestrian struck by a driver. The plaintiff’s case was bolstered substantially by a DVD containing footage of the intersection in question, including the events of the accident itself.

The pedestrian, Ollie, was walking along the streets of New Rochelle. At one point, she crossed the street, allegedly doing so inside the crosswalk and with the pedestrian traffic signal in her favor. Unfortunately for her, a driver, who allegedly never saw her, made a left turn that brought his vehicle into her path. He struck her, and she died from her injuries.

The administrator of Ollie’s estate, Veveline, sued the driver, alleging that he was negligent and liable for Ollie’s fatal injuries. The plaintiff presented to the trial court proof related to the pedestrian “walk” signal and Ollie’s positioning inside the crosswalk when the driver hit her. Based upon this proof, the plaintiff argued that there could be no legitimate dispute that Ollie had the right of way, that the driver improperly failed to yield the right of way, and that he was liable.

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A well-worn catch phrase that warns against the perils of making assumptions was originally brought into pop culture by Hollywood writer, producer, and director Jerry Belson, who included the “Never ASSUME” admonition in an episode of The Odd Couple entitled “My Strife in Court.” Your accident case can work like that. Never assume anything about your case, especially if it means assuming you don’t have a case. Doing so could mean hardship not in court but outside court as a result of potentially missing out on an award of damages to which the law says you are entitled. Always consult a New York injury attorney first.

Take, for example, the recent case of a pedestrian in New York City. George was crossing the street within the crosswalk when a vehicle driven by Emilio struck him. George, by his own admission, did not have the right-of-way when he attempted crossing the street and got hit.

Well, since Emilio had the right-of-way, and George didn’t, George clearly couldn’t have a case against Emilio for the damages he suffered, right? Wrong. Depending on the other facts of the case, it is entirely possible that, even though George didn’t have the right-of-way when he was crossing that street, he may still have a winning case at trial.

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