Accidents involving pedestrians can present complex scenarios, especially when the pedestrian involved has been drinking. If you find yourself in such a situation in New York, you may be wondering about your rights and whether your condition at the time of the accident affects your ability to recover compensation. The straightforward answer is yes, but with nuances that are important to understand.
At the Law Office of Cohen & Jaffe, LLP we have witnessed firsthand the confusion and concern that comes with pedestrian accidents, particularly when alcohol is involved. Many assume that being under the influence automatically negates their rights, but New York law allows for a more nuanced examination. Our team is dedicated to helping you navigate these complexities, ensuring you understand your rights and the potential for compensation.
Understanding Comparative Negligence in New York
New York follows a comparative negligence rule, which means that fault is distributed among all parties involved in an accident. Even if you were intoxicated at the time of the accident, this does not automatically disqualify you from seeking compensation. However, your level of intoxication will be considered when determining your percentage of fault.
The comparative negligence system in New York is designed to reflect the reality that accidents often result from a combination of factors. If a driver was speeding, distracted, or otherwise negligent, they may still bear a significant portion of the responsibility for the accident, even if the pedestrian was drunk. The key is to demonstrate that the driver’s negligence contributed to the incident.
In cases involving drunk pedestrians, insurance companies often try to shift a greater portion of the blame onto the pedestrian to reduce the compensation they owe. It’s important to have a skilled legal team on your side to counter these tactics. An experienced attorney can help gather evidence, such as surveillance footage or witness statements, to support your case and minimize your attributed fault.
Navigating the Claims Process
The claims process for an accident involving a drunk pedestrian can be complex. From dealing with insurance companies to understanding legal jargon, it’s easy to feel overwhelmed. This is where having knowledgeable legal assistance becomes invaluable.
Evidence plays a crucial role in these cases. Everything from the police report to blood alcohol content (BAC) readings and any relevant laws regarding pedestrian right of way will be scrutinized. Your attorney will work to compile and present evidence that supports your claim while also challenging any attempts by the other party to overstate your fault.
Remember, the aim is not to absolve the pedestrian of responsibility but to ensure a fair assessment of all factors involved. Your legal team will strive to ensure that any comparative negligence calculation accurately reflects the extent to which each party’s actions contributed to the accident.
Why Work With the Law Office of Cohen & Jaffe, LLP?
Choosing the right legal representation can make a significant difference in the outcome of your case. At the Law Office of Cohen & Jaffe, LLP, we offer personalized attention and a comprehensive approach to each case we handle. Our experience with New York’s comparative negligence laws enables us to effectively advocate for our clients, ensuring they receive the compensation they deserve. We understand the challenges that come with being involved in an accident, especially when allegations of intoxication are involved. Our goal is to alleviate the stress of the legal process, allowing you to focus on recovery. With Law Office of Cohen & Jaffe, LLP you benefit from a team that is committed to transparency, compassion, and achieving the best possible outcome for you.
If you’ve been involved in an accident as a drunk pedestrian in New York, you may still have the right to recover compensation. The Law Office of Cohen & Jaffe, LLP is here to help you understand your rights and navigate the claims process with confidence. Our expertise in personal injury law, combined with a personalized approach to each case, positions us as a strong ally in your pursuit of justice. Don’t let uncertainty or intimidation prevent you from seeking the support you deserve. Contact us today at 516-358-6900 or visit our contact form to learn more about how we can assist you. For more insights and legal tips, be sure to check out our YouTube channel.
