Can a Pedestrian Be at Fault in a Car Accident?

The Firm

How were you injured?

Locations

New York City Nassau County Suffolk County

Can a Pedestrian Be at Fault in a Car Accident?

Accidents that involve pedestrians mostly lead to serious injuries for the person on foot and minimum injury or damage for the one behind the wheel. It is believed by many that pedestrians always have the ‘right of way’, which is not true. In some cases, the accident may be caused because of the pedestrian. 

Now you may ask, could a pedestrian be held liable for a car accident? 

The answer to this would be, of course! From the legal standpoint, both pedestrians and drivers have an equal duty of care, negligence or carelessness on anyone’s side could directly lead to a major accident. For example, a pedestrian could dart out from behind a parked car without looking for an upcoming car. 

If you were recently involved in a car accident with a pedestrian or were injured by a car while being a pedestrian, it’s advisable to get in touch with a New York pedestrian accident lawyer to help you fight a fair legal case. 

Determining Fault in Pedestrian Accident Cases

Accidents that involve pedestrians are not that simple when it comes to determining who was responsible for them. There are some cases with clear evidence of the driver being at fault but in other cases it is difficult to find out who is liable for the accident. 

Negligence is the major factor that determines who gets the blame for the accident. If the pedestrian has been negligent in adhering to the traffic rules, then it is likely that they will incur all (or at least some) of the blame. 

Furthermore, if a driver hits another vehicle while trying to save a pedestrian on the road, in that case also the person on foot may be held liable for injuries and damages. Determining who is at fault is not easy, so get in touch with a New York pedestrian accident lawyer in your area to ensure that you are well protected.

If the Pedestrian is at Fault, What Happens Then?

On studying the case if it is determined that the pedestrian is at fault, then the pedestrian will not be able to recover any compensation for their injuries. In fact, the driver involved in the accident may be able to sue the pedestrian for compensation for any kind of damage caused to their car or for any injuries that happened in the car-pedestrian accident.

Some examples of behavior that result in a pedestrian being responsible for an injury accident: –

  • Crossing busy roads or highways without paying attention to the traffic controls
  • Not looking for upcoming traffic on a busy road
  • Crossing outside of the crosswalk
  • Walking along bridges, highways or other areas where pedestrians don’t have legal access. 
  • Crossing against traffic control signals. 

Get in Touch with Experienced Injury Attorneys

Whether you are the claim filer or a defendant in a pedestrian-involved car accident, it is recommended to contact a New York pedestrian accident lawyer who can help you protect your legal rights. Do not wait until it’s too late. You and your family does not deserve to suffer any kind of physical or mental trauma because of someone else’s negligence.  Siler & Ingber team of attorneys understand the finest nuances of personal injury law and insurance. The entire team of Siler & Ingber is there for you. Schedule a meeting as soon as possible to get the compensation you rightfully deserve. 

Share this post

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN.

PROMOTION PERIOD: The Siler & Ingber Mineola MegaStar Contest begins on March 20, 2023 at 12:00 am ET and
ends on May 1, 2023 at 11:59 PM ET.

ELIGIBILITY: To be eligible, a MegaStar must be a legal U.S. resident at least 16 years of age as of date of
Nomination. A Mineola MegaStar is defined as a person who lives or works in Mineola and is admired or idealized for their courage, dedication, outstanding achievements, or noble qualities. By participating, Entrants agree to be
bound by the official rules. Sponsors reserve the right to verify and determine eligibility in their sole discretion.

TO PARTICIPATE: During the Promotion Period, Siler & Ingber will accept from the members of the public (herein, the “Nominators”) nominations of Eligible Entrants (Mineola Megastars) who live or works in Mineola. Nominations may be entered by visiting www.nylawnet.com/mineolamegastar and completing the online form and essay submission or by emailing photo and essay to marketing@nylawnet.com during the Promotion Period to receive one (1) entry. Essay must not exceed 500 words. Acceptable essay formats are word documents or pdf ONLY. Nominations submitted without all required information or after the Promotion Period will be disregarded.
Online submissions must be received by May 1, 2023 at 11:59 PM ET to be eligible. All entries become the exclusive property of Siler & Ingber and will not be acknowledged or returned.

ESSAY: During the promotion period, an Entrant can nominate a Mineola MegaStar for the contest by submitting a
photo and essay. The essay must describe why the individual should be chosen as the award winner, including how the individual demonstrates some or all of the following qualifications:

1) an inspiring example to others by helping make Mineola a better place to live (through volunteerism, extra-curricular actives, special projects, giving back, etc.)

2) going above and beyond to aid a friend, family member, stranger or community in a time of need; and/or

3) love of profession and desire, determination and diligence to help outside of normal job responsibilities. The essay must be in English and no more than 500 words. All information provided must be truthful, accurate and complete. An Entrant cannot nominate more than one Hero.

Submitted Materials: Each essay must satisfy all the following submission requirements the Submission


Requirements:

· The essay must be the original creation of Entrant.

· The essay must not portray any recognizable individual without their prior consent, including consent from the
Hero.

· Entrant must either own all rights to the essay or otherwise have the right to submit the essay in the contest and to provide the rights to Sage Surfaces as set forth herein.

· The essay must not infringe any third party’s intellectual property rights.

· The essay may not contain illegal, indecent, obscene, pornographic, or sexually explicit content, or otherwise offensive material or inappropriate content such as aberrational behavior, graphic violence, drug abuse, or nudity.

· The essay must not promote bigotry, racism, hatred or harm against any group or individual or discrimination based on race, gender, religion, nationality, disability, sexual orientation or age.

· The essay must be non-defamatory and must not invade any third party’s right of privacy or publicity.

· The essay must otherwise be appropriate for publication or broadcast or display on a general interest website.

By submitting an essay, each Entrant represents and warrants that the essay meets all of the submission
requirements and that the distribution, reproduction, display and any other uses of any part of the essay by Siler & Ingber as permitted herein will not infringe any third-party rights. Each Entrant further agrees to indemnify and hold Siler & Ingber harmless from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by such Entrant of such warranties or representations made by contestant or of these official rules.

By submitting an essay, Entrant grants to Siler & Ingber a non-exclusive, perpetual, world-wide, royalty-free license (and waives all moral rights in and to the essay) to display or otherwise use the essay in connection with this promotion and as set forth herein. If Siler & Ingber determines, in its sole discretion and at any time during the promotion period, that any nomination violates the submission requirements, is otherwise unsuitable, offensive, or in poor taste, or violates these official rules, Siler & Ingber reserves the right to remove and disqualify the essay. Siler & Ingber retains sole
discretion as to whether any nomination satisfies the submission requirements and the official rules.

WINNER SELECTION: For the entry period, a panel of judges will select potential Mineola Megastar finalists based on the compelling nature of the essay based on the criteria set forth herein. Top 5 entries will be announced on May 10, 2023. We will post the top 5 on social media. Final winner announced May 15, 2023. Award Ceremony for Mineola MegaStar will take place on May 19, 2023.


WINNER NOTIFICATION AND RELEASES: We will attempt to notify potential winners via telephone and/or email. If a potential winner: (a) does not respond within 48 hours of initial notification attempt; (b) is not in compliance with these official rules, (c) does not meet the eligibility requirements, (d) declines the prize, he or she will be disqualified, and an alternate winner will be selected by applying the criteria set forth above.
PRIZES: There is 1 Mineola MegaStar. Winner will receive a $500 Cash Prize.

PUBLICITY AND MARKETING: Submission of a nomination in the contest constitutes permission to Siler & Ingber to use Entrants name, identity, title, likeness, distinctive appearance, physical likeness, image, portrait, picture, photograph (whether still or moving), screen persona, voice, vocal style, statements, gesture, mannerism, personality, performance characteristic, biographical data, signature, social media handles and identities, and any other indicia or imitation of identity or likeness for purposes of advertising and trade, in any medium, without further notice, approval, or compensation, unless prohibited by law.

PRIZE RESTRICTIONS: No transfer, assignment, sale, duplication, cash redemption or substitution of Prize (or portion of Prize) is permitted, except by Sponsors, which reserve the right to substitute a Prize (or applicable portion of Prize) with one of comparable or greater value, as determined by Sponsors. Sponsors are not responsible for and will not replace a lost or stolen Prize or any component thereof. All Prize details are at Sponsors’ sole and absolute discretion. Non-compliance with these Official Rules may result in disqualification and, at Sponsors’ sole discretion, the awarding of Prize to an alternate winner.

VERIFICATION OF OFFICIAL WINNER: ALL PRIZE WINNERS ARE SUBJECT TO ELIGIBILITY VERIFICATION BY SPONSORS, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST.

Do I Have A Case

    Skip to content