Investigating Pedestrian Accidents in NYC

The Importance of Thorough Investigation in Pedestrian Accidents

Investigating pedestrian accidents lets you find liable parties and secure compensation. In many of these cases, the guilty driver leaves the scene. Investigations help hold these at-fault parties responsible for the damages their negligence causes.

By meticulously examining the accident scene, gathering evidence, and interviewing witnesses, investigators can reconstruct the events leading up to the collision.

With a reconstructed accident scene, investigators can determine who shares fault for the accident. It could be the driver or pedestrian, but it’s most likely a combination.

A thorough investigation can reveal if any party involved acted negligently, such as speeding, distracted driving, or pedestrian carelessness. This is essential for proving liability in court.

The investigation also helps assess the extent of the pedestrian’s injuries, medical expenses, lost wages, and other financial losses. This information is important for calculating a fair compensation amount.

Steps in Investigating Pedestrian Accidents

While every pedestrian accident is different, there are typically some universal steps in a thorough investigation.

Gathering Evidence at the Scene

It’s important to document the scene of the accident by taking pictures of vehicles and injuries, collecting witness statements, and making a police report. This evidence will be used to prove liability and damages.

Reviewing Traffic Camera Footage

Traffic and surveillance cameras are invaluable tools when investigating pedestrian accidents. They provide an objective, visual record of the events leading up to and following the collision.

Your attorney must request these records to obtain them from government agencies or private parties.

Accident Reconstruction

Accident reconstruction is a meticulous process that involves using scientific methods to determine the circumstances, mechanics, and contributing factors of a collision.

When someone’s hit by a car, it’s used to understand how the incident occurred, which is essential for determining liability and seeking compensation.

An accident reconstruction expert can be expensive and difficult to find. Your attorney can help you find a reconstructionist whose abilities fit your needs.

Identifying Liable Parties in Pedestrian Accidents

Determining liability in a pedestrian accident often hinges on proving negligence. The main focus is usually on the driver. Other parties might also share responsibility.

Drivers and Vehicle Owners

The most common liable party in a pedestrian accident is the driver who hit the victim or the owner of the vehicle who allowed a negligent driver behind the wheel of their car.

Negligence may include speeding, distracted driving, drunk driving, failure to yield to pedestrians, disregard of traffic signals or signs, or another cause.

Municipalities and Public Entities

Municipalities and other public entities are responsible for road design, maintenance, and traffic signals – including pedestrian related signage.

Liability can arise from poorly lit roads, inadequate crosswalks or pedestrian signals, and dangerous road conditions like potholes and debris.

Third Parties

Other possible liable parties include employers or property owners. For example, if the driver was working at the time of the pedestrian accident, the employer may be held vicariously responsible for the actions of their employee.

If an accident occurs on a property where hazardous conditions are present (inadequate lighting in parking lots, unsafe sidewalks, etc.), then a property owner may be held liable.

Common Challenges in Pedestrian Accident Investigations

Investigating pedestrian accidents often presents unique challenges compared to other types of vehicle collisions.

Lack of Evidence

Pedestrian accidents often occur rapidly and without leaving significant physical evidence at the scene. This is especially complicated in hit-and-run accidents. Insufficient evidence can cause a serious issue when trying to prove liability and the cause of the accident.

Disputed Liability

While the driver of the vehicle is typically responsible for the pedestrian accident, the driver may try to point the finger at the victim who was hit.

The driver may claim that the pedestrian was jaywalking or wearing dark clothing at night, making them difficult to see. It’s important to gather enough evidence to counter these arguments of disputed liability.

How a New York Personal Injury Lawyer Can Help

A personal injury lawyer is an invaluable asset for the victim of a pedestrian accident. Their experience and resources can significantly impact the outcome of your case.

Experience in Gathering Evidence

A personal injury lawyer knows how to investigate pedestrian accidents. They play a critical role in collecting and preserving key evidence so that you can build a strong case.

Access to Expert Witnesses

Expert witnesses are sometimes difficult to find, and they are often expensive to work with. Your pedestrian accident lawyer knows how to get the best experts in the field to help with accident reconstruction, proving liability, and establishing damages.

Negotiating with Insurance Companies

Dealing with insurance companies after a pedestrian accident can be challenging. Your attorney can help you understand the insurance policy, document damages, and be cautious with communication. A pedestrian accident lawyer can negotiate a full and fair settlement.

Representing Clients in Court

Insurance companies have large teams of lawyers who will fight against you if your case goes to court. It’s important to have legal representation during the pedestrian accident lawsuit. The litigation process is extremely complex, especially when you’ve been injured and may not be sure what to do next.

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