Pedestrians in large cities such as New York City are familiar with having to deal with heavy vehicular traffic. Between taxicabs, local drivers, and out-of-towners trying to navigate a new city, pedestrians are always at risk. While during the daylight hours, accidents may be more easily avoidable, at night or early morning before the sun is up, both drivers and pedestrians need to take special care to avoid accidents.
A Brooklyn man recently faced this risk and was struck by a driver. The pedestrian was running during the early morning hours, when a red SUV hit him, and drove away. The pedestrian died. Police are still looking for the driver.
Liability in a pedestrian accident is based on the negligence of the driver, though the pedestrian’s actions are also taken into account. Both the driver and the pedestrian must exercise reasonable care in conducting their activities. In instances where the pedestrian has been killed by a driver’s negligence, the representative of the pedestrian’s estate may be able to bring a wrongful death suit and recover damages.
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Runners who venture out late at night or very early in the morning can take precautions to avoid getting hit by cars, such as wearing reflective clothing and head lamps or by carrying flashlights so that drivers can see them from farther away. Additionally, pedestrians must be careful to obey all traffic signals and use sidewalks and crosswalks where available. Drivers should be aware of their surroundings at all times, and pay close attention to see if there are pedestrians present, as well obeying traffic rules.
If you or a loved one has been hit by a vehicle as a pedestrian in NYC you should contact a New York City Pedestrian Accident Lawyer as soon as possible.
Source: NY Daily News, “Man dead in Brooklyn hit-and-run,” Erica Baida and Joe Kemp, Nov. 17, 2012