Can a Negligent NYC Driver Blame a Pedestrian for an Accident?
Every New Yorker understands implicitly that crossing the street can be a dangerous activity. That is why pedestrians need to always be aware of their surroundings and follow safe practices out on the streets, such as obeying traffic signals. That said, New York traffic laws also obligate drivers to “exercise due care” to avoid hitting pedestrians.
Is a Pedestrian Partly At-Fault for Walking Outside the Crosswalk?
New York follows a pure comparative fault rule in personal injury cases. Put simply, the driver, known as the defendant, in a pedestrian accident lawsuit can try and shift some of the blame for what happened onto the pedestrian. If successful, a judge or jury can reduce the amount of damages (financial compensation) awarded to that pedestrian in proportion to their percentage share of the blame. Under the pure comparative fault standard, however, the injured pedestrian can still recover something even if the defendant was just 1 percent at-fault.
In pedestrian accident cases, defendants and their attorneys may point to a number of factors in an attempt to argue comparative fault by the plaintiff. For example, they might point to evidence that the pedestrian was jaywalking–crossing outside of a marked crosswalk–or talking on their smartphone and not paying attention while they were crossing the street. While neither of these things would make a pedestrian automatically at-fault for an accident, they are factors that a judge or jury may consider in the context of determining comparative fault.
None of this, however, absolves an at-fault driver. Take this recent decision from the Appellate Division, Second Department. This case, Liying Quan v. Eggens, involved a pedestrian accident that occurred in Queens. The plaintiff alleged she was struck by the defendant’s vehicle while crossing Northern Boulevard in Flushing. At the time, the defendant made a prohibited left turn onto Northern Boulevard from Union Street.
The Queens Supreme Court granted the plaintiff summary judgment on the issue of liability. The reason for this was that the traffic violation (making a prohibited left turn) was sufficient to establish the defendant’s negligence as a matter of law. The defendant nevertheless appealed that ruling to the Second Department, arguing that the trial judge should have also considered the plaintiff’s comparative fault. Specifically, the defendant alleged the plaintiff was “outside the crosswalk” when the accident occurred.
The Second Department ultimately upheld the trial court’s ruling on liability. It said that “whether the plaintiff was outside the crosswalk or was otherwise negligent in crossing the street is relevant to the plaintiff’s comparative fault but does not affect the determination that [the defendant] was negligent in the happening of the accident.” Indeed, even if the plaintiff was slightly outside of the crosswalk, the defendant still had a duty under New York traffic laws to “exercise due care” in avoiding a collision.
Contact a New York City Pedestrian Accident Lawyer
If you have been injured while simply trying to cross the street, you may have a viable personal injury claim against the driver who struck you. Our New York City pedestrian accident lawyers are here to help. Contact the Law Offices of Jaroslawicz & Jaros, PLLC, at 212-227-2780 to schedule a consultation. We serve clients throughout New York City and Long Island and surrounding communities.
Source:
scholar.google.com/scholar_case?case=16193850906281284338