When you’ve been injured as a pedestrian crossing the street, it is important to keep a few things in mind. First, the law gives certain protections to a pedestrian who crosses in a crosswalk and with the light, requiring drivers to yield the right of way in many situations. If you are hurt crossing the street, you may have a claim for compensation. To learn more about your case, you should contact an experienced New York pedestrian accident attorney.
One example of a pedestrian’s successful injury lawsuit was the case of Yuemei. Shortly before noon on a Monday morning in January 2016, Yuemei was trying to cross 3rd Avenue in Brooklyn. As she crossed the street in the crosswalk, a driver turned right from 37th Street onto 3rd Avenue and slammed into her.
Yuemei later sued the driver and the owner of the vehicle that hit her. When you sue as a pedestrian, there are various ways to achieve a successful result in your case. One of the most efficient ways to succeed is to seek, and obtain, a summary judgment in your favor on the issue of liability. That means that the judge has determined that, even if all of the factual issues in dispute in your case were resolved in favor of the defense, you’d still win. It also means that you don’t have to go through a full trial on liability and can focus on proving the extent of your damages.
Sometimes, it may take a lot of evidence in order to make your argument that you deserve a summary judgment in your favor. Other times, it may not require reams of proof. In Yuemei’s case, she only needed her deposition testimony and the deposition testimony of the driver who hit her. She testified that she crossed in the crosswalk and with the light, and she only began crossing after waiting for the light to turn and then looking to the left and the right several times. The other driver testified that he never saw Yuemei and didn’t even realize she was there until his passenger yelled and he felt the impact of his vehicle hitting Yuemei.
Many times, the defense may have various tools to undermine your case or your argument for summary judgment. One of these tools may be an expert witness. Just because the defense has an expert and you don’t have any doesn’t mean that you cannot succeed, though. Yuemei did not provide expert testimony. The defense in her case did present an expert, who opined that Yuemei “did not stop and wait for the light, and she did not look to the left or the right.”
This did nothing to diminish Yuemei’s arguments. Her evidence established that she was crossing with the light, which meant that she had the right of way (and that the driver improperly failed to yield). The expert’s opinions didn’t harm those arguments because the law requires expert testimony to be grounded in a factual basis, and this expert’s opinions were, in the opinion of the court, based on speculation, which is not allowed.
If you’ve been hurt as a pedestrian, take prompt action to protect your rights and your claim for damages. Talk to the skilled Queens pedestrian accident attorneys at Newman, Anzalone & Newman. Our attorneys have many years’ experience representing injured pedestrians, drivers, and passengers. To put our experience to work for you, schedule a free consultation with one of our qualified attorneys. Contact us toll-free at 877-754-3099 or through our website.
More Blog Posts:
Keeping Irrelevant (But Potentially Harmful) Evidence Out of Your New York Pedestrian Injury Case, New York Personal Injury Lawyers Blog, Feb. 1, 2018
Accumulating the Evidence You Need to Win Your New York Pedestrian Injury Case, New York Personal Injury Lawyers Blog, Oct. 12, 2017