Q: Whose fault is an accident if I wasn’t in a crosswalk?

A: We all have an obligation to be safe, pay attention to what’s on the road and follow traffic rules and laws. That includes motorists, bicyclists, motorcycle riders and pedestrians. If there is no crosswalk, a pedestrian must yield the right-of-way to all vehicles on the roadway.If there is no crosswalk, a pedestrian must yield the right-of-way to all vehicles on the roadway.

New York State is a “pure comparative fault” state. Who is to blame for an accident – and how much financial responsibility each party bears – depends on how negligent each party to an accident can be proven to be.

As a legal defense, the person who caused the accident can argue that his responsibility for damages should be reduced by the percentage by which the plaintiff’s own negligence contributed to the incident.

If you are are injured in a car accident while walking, jogging or riding a bicycle, you may be entitled to compensation for your medical expenses and other losses. Skilled legal representation can help make sure you are compensated to the fullest extent possible, whether you choose to pursue a personal injury lawsuit or settle out-of-court. If you are injured in the Capital Region – in Albany, Schenectady, Troy, Clifton Park, Saratoga or elsewhere in the Capital District – please call the personal injury lawyers of Lamarche Safranko Law PLLC  for a free consultation.

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