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Keeping Irrelevant (But Potentially Harmful) Evidence Out of Your New York Pedestrian Injury Case

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.

Guillermo filed a motion for summary judgment in his case. He had proof that he was crossing within a designated crosswalk and with the light when the bus hit him. The bus company argued that the pedestrian wasn’t entitled to summary judgment and that the case should proceed to trial. It had several pieces of evidence it presented to support its argument. It had evidence about where Guillermo’s body was located after the crash. It also had a video tape that showed that the pedestrian signal changed from “walk” to “don’t walk” while Guillermo was crossing.

Based upon that collection of evidence, the pedestrian was still entitled to the summary judgment he sought, according to the Appellate Division court. None of the evidence that the bus company provided was enough to establish that a material fact remained in dispute and necessitated a trial. New York law is clear that evidence related to the positioning of a pedestrian’s body after a crash does nothing in terms of proving whether or not the pedestrian was inside or outside the crosswalk at the time of the crash.

As for the video evidence, the bus company had two problems. Firstly, the evidence wasn’t admissible because the bus company hadn’t followed proper procedures. Second, even if the procedural problems hadn’t existed, it still did nothing to diminish Guillermo’s case. New York law, specifically Section 1112 of the Vehicle and Traffic Law, clearly says that, if a pedestrian signal changes while a pedestrian is crossing within a crosswalk, the pedestrian is legally permitted to proceed across once he has already started his crossing.

With nothing to blunt the proof that Guillermo had submitted, there were no disputed issues of fact, and the pedestrian was entitled to a summary judgment on liability, leaving only a trial on the issue of the extent of his damages.

If you’ve been hurt as a pedestrian, make sure you have everything you need to get everything you deserve. That includes knowledgeable counsel. The skilled Queens pedestrian accident attorneys at Newman, Anzalone & Newman have many years’ experience representing injured pedestrians, drivers, and passengers. To put us to work for you, schedule a free consultation with one of our qualified attorneys. Contact us toll-free at 877-754-3099 or through our website.

More Blog Posts:

Accumulating the Evidence You Need to Win Your New York Pedestrian Injury Case, New York Personal Injury Lawyers Blog, Oct. 12, 2017

Lessons from the Case of a New York City Pedestrian Hit while Crossing the Street Without the Right-of-Way, New York Personal Injury Lawyers Blog, Aug. 7, 2017

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