When a pedestrian is hit by a vehicle, one of the first things we look at is whether the driver broke any traffic laws. Traffic violations can play a major part in determining who is at fault and whether an injured pedestrian can recover damages. One of the most important factors in these cases is how the driver’s actions may have violated traffic rules at the time of the crash. Our Ossining, NY pedestrian accident lawyer can use this information to help build your case.
Why Traffic Violations Matter
In personal injury cases, liability is based on negligence. This means we must show that someone acted carelessly and caused harm. Traffic violations help support this claim because they show that the driver failed to follow safety rules that are in place to protect others on the road—including pedestrians. Proving liability can help tremendously in maximizing compensation in pedestrian accidents.
When a driver runs a red light, speeds through a crosswalk, fails to yield, or ignores a stop sign, that behavior can be used to show fault. In many pedestrian accident cases, we use police reports, witness statements, and traffic camera footage to document these violations.
Building A Strong Claim With Evidence
With over 20 million in losses recovered, a big part of our strategy is to focus on collecting the right information early. Police reports often describe the scene and note whether a ticket was issued. Video from nearby businesses or intersections can show the driver’s behavior before the crash. Witnesses can confirm whether the pedestrian was crossing legally and whether the vehicle failed to stop or yield.
Photos from the scene, skid marks, and vehicle damage can also help support what happened and how fast the driver was going. When we review these details, we build a case that shows not just that the driver hit someone—but that the driver broke traffic laws that contributed to the injury. This approach helps our clients pursue justice following pedestrian accidents.
Shared Fault And Comparative Negligence
New York follows a rule known as comparative negligence. This means that even if a pedestrian is partly at fault, they may still recover damages. For example, if a pedestrian crossed outside of a crosswalk but the driver was speeding or distracted, both parties might share responsibility. If the driver is mostly at fault, the injured pedestrian can still recover a portion of their losses.
Moving Forward After A Pedestrian Injury
After a pedestrian accident, the effects can be long-term—physically, emotionally, and financially. Medical bills, time away from work, and long-term treatment can place a burden on the injured person and their family. Linking traffic violations to the driver and the accident can help leverage the details of the case in your favor.
If you or a loved one has been hurt while walking, we’re here to help you understand what options are available. We’ve been serving New York clients for over 20 years, offering personalized guidance and strategies. Contact us at The Law Office of Jeffrey Weiskopf to discuss your case and learn more about how we can help.
