Can a Motorist Sue a Pedestrian After an Accident?

Personal Injury Attorney Serving The Bronx, Brooklyn, Queens, Manhattan & New York City Areas


Although drivers are most commonly at-fault in wrecks involving pedestrians, there are some cases in which the pedestrian may be responsible. If a pedestrian is proven to be primarily responsible for your accident, you may be able to seek compensation for your medical bills, lost wages, pain and suffering, and more.

Proving pedestrian liability in a motor vehicle accident case can be incredibly complicated, and requires the knowledge and skill of a seasoned attorney. For more than 30 years, Reid B. Wissner Law Offices has fought successfully on behalf of injury victims throughout New York City. He understands the complexities of these difficult claims, and is committed to helping you obtain the maximum compensation you deserve.

When Is a Pedestrian Considered to Be At Fault For an Accident?

As a driver, it is your duty to remain alert while behind the wheel and closely adhere to the rules of the road. Pedestrians have an obligation to behave responsibly as well. In New York, a pedestrian may be considered at fault for a traffic accident if he or she was:

  • Crossing against a traffic signal
  • Jaywalking
  • Entering a road or highway while under the influence of drugs or alcohol
  • Walking in areas where pedestrian access is prohibited, such as causeways, bridges or highways.

New York is a comparative negligence state. That means that damages in a personal injury claim are directly correlated to the percentage of fault of the involved parties. For example, if you would have been awarded $100,000 in damages for your injuries, but were found to be 20 percent responsible for the accident, you would only be awarded $80,000 in your case.

Call Today to Discuss Your Auto Accident In Queens For Free

Experienced attorney Reid B. Wissner has been helping injury victims obtain the justice and compensation they deserve for more than three decades. He will personally handle every aspect of your case. He will seek the full and fair compensation you deserve for your immediate and long-term accident-related losses.

If you’ve been hurt in an accident, call 212-406-9288 today to schedule a free consultation. Mr. Wissner serves clients in Brooklyn, Queens, The Bronx, Manhattan, and New York City.

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