Who is Liable for Pedestrian Accident Injury in NYC?

Pedestrian accidents in New York City can lead to severe injuries and complex legal questions regarding liability. Determining who is responsible for a pedestrian accident injury involves understanding various factors and parties that might be at fault. At Roth & Khalife, LLP, we help victims navigate these complexities and pursue the compensation they deserve. Here’s an overview of who might be liable for a pedestrian accident injury in NYC.

Who is Liable for Pedestrian Accident Injuries in NYC?

Let’s learn about who can be liable for pedestrian accident injuries:

1. Drivers

Drivers are often the primary party held liable in pedestrian accidents. Common driver behaviors that can lead to accidents include:

• Distracted Driving: Using a cellphone, eating, or engaging in other distractions while driving.
• Speeding: Driving above the speed limit reduces the driver’s ability to stop in time to avoid hitting a pedestrian.
• Reckless Driving: Aggressive driving behaviors, such as running red lights or failing to yield to pedestrians at crosswalks.
• Driving Under the Influence: Operating a vehicle under the influence of alcohol or drugs impairs judgment and reaction times.

2. Pedestrians

In some cases, pedestrians themselves may share liability for an accident. Contributory behaviors include:

• Jaywalking: Crossing streets outside of designated crosswalks or against traffic signals.
• Distracted Walking: Using electronic devices, listening to music, or otherwise being inattentive while crossing streets.
• Ignoring Traffic Signals: Walking into traffic without waiting for the appropriate signal.

3. Government Entities

Government entities responsible for road maintenance and traffic control can also be held liable if poor road conditions or inadequate signage contributed to the accident. Examples include:

• Poorly Maintained Roads: Potholes, uneven surfaces, or other road hazards that cause accidents.
• Inadequate Signage: Lack of proper pedestrian crossing signs or malfunctioning traffic signals.
• Poorly Designed Intersections: Areas with high accident rates due to poor design or lack of visibility.

4. Property Owners

Property owners adjacent to roads and sidewalks may be liable if their negligence contributed to the accident. Examples include:

Obstructed Sidewalks: Overgrown vegetation, debris, or other obstructions that force pedestrians into the road.
Poor Lighting: Insufficient lighting around property that makes it difficult for drivers to see pedestrians.

5. Employers

If the driver involved in the accident was performing job-related duties at the time, their employer might be held liable under the legal doctrine of “vicarious liability.” This typically applies to commercial drivers, delivery personnel, or any employee driving a company vehicle.

Understanding Vicarious Liability in Pedestrian Accidents

When a pedestrian accident occurs in New York City, determining who is at fault is crucial for pursuing compensation. One critical concept in this determination is vicarious liability. At Roth & Khalife, LLP, we have experience in helping victims of pedestrian accidents understand their rights and navigate the complexities of liability. Here’s a closer look at vicarious liability and how it may apply to pedestrian accidents.

What is Vicarious Liability?

Vicarious liability is a legal doctrine that holds one party responsible for the actions of another, typically when an employee is acting within the scope of their employment. In the context of pedestrian accidents, vicarious liability often applies to:

• Employer-Employee Relationships: When an employee causes an accident while performing their job duties, the employer can be held liable for the employee’s actions.
• Company Vehicles: If the accident involves a company vehicle or a driver working on behalf of their employer, the employer may be liable for the damages.

How Vicarious Liability Applies in Pedestrian Accidents

Employee Driving a Company Vehicle

• Scope of Employment: The employer might be liable if the driver was on the job at the time of the accident—whether delivering goods, running errands, or commuting between job sites.
• Examples: Delivery drivers, sales representatives, or company chauffeurs who cause pedestrian accidents while performing their duties can make their employers vicariously liable.

Negligent Hiring or Training

Employer Responsibility: Employers may also be liable if they negligently hired or failed to train their employees, leading to accidents properly. This includes hiring unfit drivers or failing to provide adequate training on safe driving practices.

Independent Contractors

Limitation of Vicarious Liability: Generally, vicarious liability does not extend to independent contractors. However, there are exceptions, especially if the contractor performs tasks integral to the employer’s business.

Proving Vicarious Liability in Pedestrian Accidents

To establish vicarious liability in a pedestrian accident, the following elements must typically be proven:

• Employer-Employee Relationship: Demonstrating that the driver was an employee and acting within the scope of their employment.
• Negligence or Wrongful Conduct: Showing that the employee’s actions were negligent or wrongful and directly caused the accident.
• Connection to Job Duties: Establishing that the employee was performing job-related tasks at the time of the accident.

Common Injuries From Pedestrian Accidents

Pedestrian accidents can lead to a wide range of injuries, often severe and life-altering. We understand the profound impact these injuries can have on victims and their families. Here’s a look at the common injuries resulting from pedestrian accidents:

Head Injuries

• Concussions: Symptoms include headaches, dizziness, confusion, and memory problems.
• Traumatic Brain Injuries (TBI): Can lead to cognitive impairments, emotional changes, and physical disabilities.
• Skull Fractures: Life-threatening and often require immediate medical intervention.

Spinal Cord Injuries

• Paraplegia: Loss of movement and sensation in the lower half of the body.
• Quadriplegia: Paralysis of both the arms and legs, requiring lifelong care.
• Herniated Discs: Severe pain, numbness, and mobility issues.

Bone Fractures

• Leg and Arm Fractures: May require casts, physical therapy, and surgery.
• Pelvic Fractures: Often require surgical intervention and extensive rehabilitation.
• Rib Fractures: Can cause complications such as punctured lungs.

Internal Injuries

• Internal Bleeding: Life-threatening, requiring emergency surgery.
• Organ Damage: Surgical repair and intensive care often needed.
• Pneumothorax: Collapsed lungs requiring immediate medical attention.

Soft Tissue Injuries

• Whiplash: Affects neck and shoulders, causing pain and stiffness.
• Bruises and Contusions: Can cause significant pain, needing medical treatment.
• Torn Ligaments and Tendons: Impact mobility, requiring surgery and rehabilitation.

Psychological Injuries

• Post-Traumatic Stress Disorder (PTSD): Flashbacks, anxiety, depression.
• Emotional Distress: Long-term emotional and mental health issues.

Long-Term Implications and Recovery

• Medical Treatments: Surgeries, physical therapy, and medication.
• Rehabilitation: Physical and occupational therapy.
• Home Modifications: Wheelchair ramps, accessible bathrooms.
• Emotional Support: Counseling and therapy.

How a Pedestrian Accident Lawyer Can Help

Pedestrian accidents can result in severe injuries and complicated legal issues. At Roth & Khalife, LLP, our experienced pedestrian accident attorneys are here to guide you through the process and fight for your rights. Here’s how we can help:

Comprehensive Case Evaluation

We start with thoroughly evaluating your case, reviewing all relevant details and evidence to provide an honest assessment of your situation. During your free consultation with your pedestrian accident lawyer, we listen to your account, review documentation, and outline the strengths and weaknesses of your case.

Gathering Evidence

Our pedestrian accident attorneys collect essential evidence, including police reports, medical records, witness statements, surveillance footage, and accident scene photographs. We also consult experts in accident reconstruction and medical fields to build a strong case.

Determining Liability

We investigate the actions of all involved parties to identify who is responsible for the accident. This includes examining the driver’s conduct and any potential third-party liabilities, such as employers or government entities.

Negotiating with Insurance Companies

We handle all communications with insurance adjusters, negotiating for a fair settlement that covers medical expenses, lost wages, pain and suffering, and other damages. Our goal is to protect you from lowball offers and unfair tactics.

Representing You in Court

We are prepared to take your case to court if a fair settlement cannot be reached. Our litigation services include filing legal documents, representing you in pre-trial motions, and presenting a compelling case before a judge and jury.

Securing Full Compensation

We strive to secure the maximum compensation you deserve, including medical bills, lost wages, pain and suffering, rehabilitation costs, and punitive damages in cases of gross negligence.

Ongoing Support

Throughout the legal process, we provide continuous support and updates, ensuring you are informed and your questions are answered.

Take Action Now

Contact Roth & Khalife, LLP Today

If you’ve been injured in a pedestrian accident, don’t wait to get the help you need. Contact Roth & Khalife, LLP for a free consultation. Our experienced lawyers are ready to support you through the legal process and fight for the compensation you deserve.