Walking across the road or a busy street anywhere can be a potentially dangerous endeavor. Whenever a person ventures onto the streets of New York City, they may be putting themselves at risk of being involved in a car accident. One man recently ended up with critical injuries after he was struck by a car crossing the street in the city.
The pedestrian versus car accident took place on a Sunday night. The 58-year-old was crossing near York Avenue on East 79th Street. Reportedly, he was jaywalking at the time. As he crossed, an Altima that was described as dark hit the man.
A witness heard the crash and likened the sound to two cars colliding with one another. The pedestrian was bleeding and was taken to a New York hospital. He was said to be in critical condition. The driver stayed at the scene, and there were no charges filed in the initial aftermath of the tragedy.
In cases where a car accident results in injury to a pedestrian, that pedestrian may have certain rights they can pursue in a civil setting. One issue may be whether the pedestrian himself was negligent by crossing at other than a marked crosswalk. Even so, if the car driver was also negligent, comparative negligence laws may provide the injured pedestrian with the opportunity to seek financial relief. Under New York law, an injured party can recover damages even if the plaintiff was 99 percent at fault concerning the accident; the damages claimed, however, would be reduced by the plaintiff's degree of fault as determined by the court. Anyone hit while crossing the street, even when their own negligence may have played a role, may benefit from exploring their rights and what options they may have as far as pursuing a civil claim for financial relief.
Source: New York Daily News, "Man, 58, critically injured after being struck by car while jaywalking on Upper East Side", Rikki Reyna and Joseph Stapansky, Nov. 3, 2014