Bronx Personal Injury & Real Estate Blog

Wednesday, March 15, 2017

Sharing the Blame in a Car-Pedestrian Accident

Q: Who’s responsible if a drunk driver hits and kills a pedestrian walking in the middle of the road?

When you’re in a car accident it's not uncommon for the front and side airbags to deploy...unless it happens in a pedestrian accident.

A Bronx man reportedly suffered "massive chest injuries and died on the side of the road," after an Infiniti G37 struck him with such force that it crumpled the nose of the luxury car and deployed the front and side airbags.

The uninjured and allegedly drunk driver was arrested after the 4am crash and was reportedly charged with manslaughter, vehicular manslaughter, and drunken driving.

Reportedly, the victim--who lost his home to a fire a year ago-- was walking in the middle of a Bruckner Expressway ramp at the time of the pre-dawn accident. Police said that during the crash, the driver "spun out of control, jumped the curb and fell down and embankment".

If you suffer serious injuries as a result of the negligence, reckless, or intentional actions of another, you may be entitled to compensation through a personal injury lawsuit. If you can prove that the defendant caused or contributed to your injuries, you may be compensated for current and anticipated medical expenses, current lost wages and future lost or diminished earnings, pain and suffering, property damage, and more, depending on the particular circumstances of your case.

In the event a victim dies as a result of the personal injuries suffered during the accident, the victim surviving close family members may be able to recover damages in a wrongful death lawsuit. Such damages may include the final medical and burial expenses for the victim, lost income and support, and more, depending on the particular situation.

But what if both the driver and the pedestrian were partially at fault for the accident?

Although state laws differ, when more than one party is at fault for an accident, most states (including New York) apportion a percentage of the blame to each of the parties based on their degree of negligence. (For example, a driver in a given situation may be deemed 75% to blame while a pedestrian may be considered 25% responsible for the accident.)

In New York, comparative negligence means that no matter what the degree or percentage of fault is assigned to a party, they can still recover for their damages-- but their award will be reduced in proportion to the amount they are at fault.

So, if in the case at hand both parties were to be found partially responsible for the accident, their (or their survivor’s) respective personal injury or wrongful death awards would be reduced by the percentage they were deemed to have been fault.

If you have been injured in a pedestrian or other accident or if a loved one has been hurt or killed as a result of the actions of another, a qualified personal injury lawyer can help you obtain the compensation you deserve. While it can't prevent the accident from happening or bring a loved one back, taking legal action can help relieve the financial burdens associated with the accident so you can focus on healing or grieving.

The Goldstein Law Firm is an experienced personal injury and wrongful death firm in the Bronx, New York. Call today at 718-239 0239 to request a consultation. We represent clients throughout New York City and the State of New York as well as those injured while visiting New York.


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