Can You Sue for a Pedestrian Accident in NYC if You Were Jaywalking?
Getting hit by a car while jaywalking can be incredibly damaging to victims, but it can also make them fearful that they won’t be able to recover damages. Victims need to know: can you still sue for a pedestrian accident in NYC if you were jaywalking?
If you were jaywalking and hit by a car in NYC, you might still be able to file a lawsuit for compensatory damages. Jaywalking victims can sue within three years from the accident date, just like any other NYC car accident victim. That being said, comparative negligence laws can come into play, reducing the damages you can recover. Because of that, jaywalking pedestrians should always hire an experienced attorney who can prove a driver’s negligence and recover sufficient damages on their clients’ behalf.
Our Broward County pedestrian accident lawyers are dedicated to fighting for victims, whether they are injured while jaywalking or not. For a free case evaluation with the NYC car accident attorneys at The Carrion Law Firm, call us today at (718) 841-0083.
Can Jaywalking Pedestrians Still Sue for Damages in NYC?
NYC is a hectic city, with millions of pedestrians taking the streets each day. If you wanted to skip the traffic at the crosswalk and chose to jaywalk but were hit by a car, you may still file a lawsuit.
While jaywalking pedestrians can still sue for damages in an accident in NYC, doing so can be difficult. That’s why it’s crucial to hire a Buffalo pedestrian accident lawyer right away. The truth is that, by jaywalking, you violated traffic laws. That being said, if a negligent driver also violated traffic laws and caused your accident, you as the victim still have the right to sue them.
Because many pedestrians may be unaware that they can still sue a driver for damages even if they were jaywalking, many don’t get justice. If you’re unsure whether the circumstances of your accident permit you to file a lawsuit against a negligent driver in NYC, simply ask an experienced Queens car accident lawyer for clarification. More often than not, pedestrians still have cause to sue even if they were jaywalking when injured.
How Long Do Pedestrians Have to File a Lawsuit in NYC?
If you were jaywalking and hit by a car, that doesn’t affect the amount of time you have to file a lawsuit. Jaywalking victims still abide by the same statute of limitations as any other car accident victim in NYC.
Generally, pedestrians have three years from the date of injury to file a lawsuit against a negligent driver in NYC, whether they were jaywalking or not. Although three years can seem like a long time, acting quickly is important. In cases where pedestrians were jaywalking when struck by a car in NYC, lawyers need ample time to build a strong case. Not to mention, once hospital bills and lost wages begin to accrue, victims will need fast access to compensatory damages.
You won’t be punished for jaywalking by having to file sooner than other car accident victims in NYC. That being said, it’s always wise to file a lawsuit as soon as possible. When pedestrians are struck by a car, their injuries can be extremely severe. Suing for compensatory damages can help you get the medical care you need after a being hit by a car as a pedestrian in NYC. Contact our Boca Raton pedestrian accident lawyer for more information.
How Can Comparative Negligence Laws Effect Injured Pedestrians in NYC?
Luckily for jaywalking accident victims in NYC, New York is a comparative negligence state and not a contributory negligence state. So, even if victims share a percentage of blame for their injuries, they can still recover damages.
Comparative negligence will be evaluated in a car accident lawsuit involving a jaywalking pedestrian. This means that a percentage of fault may be attributed to the victim as well as the defendant. However, “true” comparative negligence laws like those in New York do not bar jaywalking victims from recovering compensatory damages. It only means that they may recover less than they expected.
That being said, our Brooklyn car accident lawyers will attempt to prove that a negligent driver was almost entirely at fault for your injuries. Unfortunately, plaintiffs are likely to assume at least a small percentage of fault if they were indeed jaywalking at the time.
Proving Fault in an NYC Pedestrian Accident Lawsuit if You Were Jaywalking
Proving fault in a pedestrian accident lawsuit where a plaintiff was jaywalking can be difficult. That’s why victims need a skilled attorney familiar with NYC’s local traffic laws. Using their ample resources and experience, our lawyers will aim to prove that a driver’s negligence caused your injuries.
If you were jaywalking at the time of an accident, that doesn’t mean you are entirely to blame for your injuries. In fact, it could be that a driver either shares fault or is mostly to blame for hitting you.
The first thing our Bronx car accident lawyer will do for injured jaywalking clients is establish a driver’s negligence. If an NYC driver was ignoring traffic laws at the time of the accident, that could help your lawyer prove their negligence. Your Boca Raton pedestrian accident lawyer can do this by scouring the police report for your accident to find any details that can point to a driver’s fault.
For example, if an NYC driver was speeding or impaired while operating their vehicle, either reason could be the primary cause of your injuries. Your attorney will speak to eyewitnesses and uncover any available security or traffic camera footage that can illustrate an accident’s true cause.
Some NYC accident victims may believe that proving a driver’s fault is hopeless because they were jaywalking at the time of the collision. While that’s an understandable fear, it couldn’t be further from the truth. It’s more than possible to prove a driver’s negligence and recover compensatory damages for your injuries, even if you were jaywalking in NYC.
Call Our NYC Lawyers Today if You Were Hit by a Car While Jaywalking
All car accident victims deserve access to compensatory damages, including those who were jaywalking at the time. For a free case evaluation with the Staten Island car accident attorneys at The Carrion Law Firm, call us today at (718) 841-0083.