Pedestrian safety is vital for protecting vulnerable road users. They rely on drivers to exercise caution and follow traffic rules to prevent accidents and protect their well-being. Drivers have a duty of care to operate their vehicles in a manner that ensures the safety of pedestrians sharing the roadways. This duty extends to maintaining awareness of pedestrians, yielding the right of way when necessary, and taking precautions to prevent harm.
If they fail to do this, catastrophic injuries and deaths can result. An expert pedestrian accident lawyer with Cellino Law is ready to help if you or a loved one suffered a severe injury or death in a pedestrian accident caused by a driver’s negligence. You can contact us online or call 1-800-555-5555 for a free consultation.
Drivers Have a Duty to Drive Safely
One of the primary responsibilities of drivers is to operate their vehicles safely. This entails following traffic laws, obeying speed limits, and avoiding reckless behavior that can endanger pedestrians. Drivers should always be attentive, focused, and free from distractions such as texting or talking on their phones, eating, or engaging in other activities that divert their attention from the road.
Additionally, drivers must remain aware of their surroundings and exercise caution when pedestrians are present. They have to yield to pedestrians in crosswalks and respect pedestrian signals. They must also be prepared to stop or slow down if a pedestrian unexpectedly enters the roadway. Drivers should also anticipate the presence of pedestrians in areas with high foot traffic, such as school zones, residential areas, and shopping districts.
What Happens When Duty of Care is Breached?
When drivers fail to uphold their duty of care towards pedestrians and cause harm or injury, they may be held legally liable for their negligence. Drivers breach their duty of care far too often by acting irresponsibly. They speed, run red lights, and fail to yield to pedestrians. In that case, they can be held accountable for accidents or injuries.
New York Pedestrian Safety Laws
In New York, various laws are in place to enhance pedestrian safety. These laws aim to protect pedestrians and establish guidelines for drivers to follow. For instance, New York State law requires drivers to exercise due care to avoid colliding with any pedestrian.
They must exercise caution when driving near schools, playgrounds, crosswalks, or any area with a high concentration of pedestrians. Furthermore, drivers must yield the right of way to pedestrians in crosswalks and at intersections.
How to Prove a Driver Was Driving Irresponsibly
Gathering solid proof is essential to establishing that a driver was driving negligently and breached their duty of care. Various types of evidence can help support a claim against a negligent driver.
For example, eyewitness testimonies from pedestrians or other individuals at the scene can provide valuable accounts of the driver’s behavior. Surveillance footage from nearby cameras or dashcams can also capture the sequence of events and shed light on the driver’s actions.
Accident reconstruction experts can analyze the evidence and provide insights into the driver’s negligence. A police report documenting the details of the accident can also be used to establish the driver’s irresponsibility.
Steps to Take if You’re Hit by an Irresponsible Driver
Unfortunately, sometimes drivers don’t act with pedestrian safety in mind. If an irresponsible driver hits you, there are several steps you should take to protect your well-being as well as your legal rights. Here are a few to keep in mind.
- Get medical help immediately: Your health and well-being should be your top priority. Even if you don’t believe your injuries are severe, get checked by a medical professional to make sure.
- Contact the authorities: Talk to the police and tell them what happened. They will document the incident and create an official report, which can be valuable evidence later.
- Gather information: If you are physically able, gather as much information as possible at the accident scene. This includes the driver’s contact information, insurance details, vehicle license plate number, and witness contact information. Take photos of the accident scene, including vehicle damage, skid marks, and your injuries.
- Preserve evidence: Preserve any evidence related to the accident. This includes keeping copies of medical records, bills, and other documentation supporting your claim. Also, save any communication related to the accident or your injuries, such as emails or text messages.
- Consult an attorney: Please speak with an experienced pedestrian accident attorney specializing in personal injury cases as soon as possible. Fast action will be necessary so your lawyer can investigate the accident before critical evidence disappears.
Recovering Damages as a Pedestrian
As a pedestrian injured by an irresponsible driver, you may be entitled to compensation for your damages. Damages can include medical expenses, rehabilitation costs, pain and suffering, lost wages, and other related expenses. To recover these damages, you must establish the driver’s negligence and demonstrate how their actions directly caused your injuries.
A pedestrian accident attorney can help you navigate the legal process and negotiate with insurance companies on your behalf. They’ll gather evidence, consult with experts if needed, calculate the full extent of your damages, and present a solid case to maximize your chances of receiving fair compensation.
Contact Cellino Law to Speak with an Experienced Pedestrian Accident Attorney
If you’ve been involved in a pedestrian accident caused by a negligent driver and need legal assistance, reach out to Cellino Law. Our team of experienced pedestrian accident attorneys can provide guidance and evaluate your case. We’ll work diligently to protect your rights and pursue the compensation you deserve.
We have a great deal of knowledge and skill in personal injury law. When you turn to us, we’ll handle your claim effectively and do all we can to ensure you have the best possible chance of receiving a favorable outcome.
Remember, taking prompt action and seeking legal assistance can significantly impact your ability to recover damages and hold the irresponsible driver accountable for their actions. Please don’t hesitate to use our online form or call 1-800-555-5555 for a free case review.
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My experience during the time of negotiations was extremely positive. Josh Sandberg handled my lawsuit with the utmost integrity. He returned all my phone calls in a timely manner and answered all my questions. Josh made things less stressful. I would highly recommend Josh and the entire staff at Cellino Law.
Choosing the right attorney to represent you after an accident can make all the difference. This is no cliche. I recently experienced these words to live by first hand. After a tractor trailer rear ended me at high speed in 2017 I retained Allan Silverstein to handle my case. I quickly realized that bringing a lawsuit rapidly snowballs into a mountain of details that can make or break your results. Documents, case histories, doctor visits, bills, and lots of phone calls all need to be accurately kept track of if a successful outcome it to be attained. To complicate matters I reside in New York and the incident took place in New Jersey. Luckily, Allan was licensed in multiple states. I was fortunate to find Allan to handle this matter from the New York area. Armed with an accurate account of the facts Allan went to work on the difficult job of negotiating with the defending insurance company as well as my no fault carrier in order to obtain the best possible outcome for my set of circumstances. In a lawsuit communication is key and and events can be of a timely nature. Allan never failed to return my calls - usually the same day! He fought skillfully and respectfully to get me the best possible settlement. He is easy to deal with and a likeable down to earth guy. He always listened with compassion and respect to my issues. He guided me with objective understanding as well as a realistic analysis of the merits of my case. When we finally settled Allan got me a fair agreement beyond my expectations and negotiated with my doctors to make sure all my bills were paid. It was a great experience having Allan represent me. Quality work in any aspect of life is hard to find. Quality is what I got with Allan Silverstein. I highly recommend him if you find yourself in need of a personal injury attorney.
I just want to let you know that I did receive my settlement check. More importantly, I want to thank you again for all you did for both me and my family. I could not be more pleased with my experience at Cellino Law. From the moment I first spoke with you I felt comfortable - you took a sincere interest in my case, clearly explained the process and effected a quick settlement. From this day forward, when someone asks if I can recommend a good lawyer I will, without hesitation, say "Cellino Law". Thanks again.
Cellino Law was a great company to work with. From the beginning they came out and met with my uncle and myself and assured us that everything would be taken care of from beginning to end our lawyer state and constant contact with us to make sure that everything would go smoothly and it did. I would definitely recommend anybody to go to Cellino Law for whatever help they need. And specifically please ask for the lawyer that we had Mr. Alan Silverstein. He was amazing and his staff was always attentive. Please go with them for your next law needs.
I highly recommend Cellino Law to anyone involved in a car crash. I worked with Michael Lovecchio, and had a wonderful experience given the circumstances. He was very attentive, and got the best possible outcome I could have wanted.
We want to send a big "Thank you" from the both of us. We know you both fought for us and did a great job with our case. You did it in a timely manner and we appreciate it.
Kerrijo & Jerry