Pedestrian injuries can occur from a multitude of angles when walking the streets of a busy city, like New York City. The National Highway Traffic Safety Association (NHTSA) estimates that nearly 5,000 pedestrians die in motor vehicle related accidents and even more suffer injuries when struck by a car or truck. In addition, thousands of deaths and injuries occur during non-vehicular accidents, such as those caused by poorly maintained property and construction debris on walkways.
Both drivers and pedestrians must follow the rules of the road and exercise reasonable care. Drivers must adhere to laws regarding distracted driving, speeding, traffic signs or signals, and driving under the influence. Pedestrians, likewise, must adhere to traffic signals, but must also use the appropriate care and judgement when entering traffic and using unmarked crosswalks. In many cases, it may seem obvious who was at fault. However, the courts look at numerous factors when assigning negligence.
Property owners have a duty to maintain their property and to warn people of potential hazards. Knowledge of a dangerous condition is established by showing that:
- The owner created the condition.
- The owner knew the condition existed and negligently failed to correct it.
- The condition existed for such a length of time that it should’ve been discovered and corrected prior to the incident.
Construction Site Accidents
Pedestrians are also at risk when walking in or near a construction site. Construction companies are required to provide the proper signage, barriers, and warnings for pedestrians. Furthermore, pedestrians have a duty to follow those signs and are responsible for injuries if they choose to ignore them.
The attorneys at The Cochran Firm of New York have the experience and resources to handle a wide range of personal injury cases, along with a long history of obtaining some of the largest verdicts and settlements of any law firm serving New York. Call us today at (212) 553-9215 to schedule a free consultation.