Brooklyn Pedestrian Fatality: What Legal Recourse Do Victims’ Families Have?

The bustling streets of Brooklyn, while vibrant and full of life, can also be fraught with danger for pedestrians. In the unfortunate event of a pedestrian fatality, families are often left grappling with immense grief and uncertainty about their legal options. According to a recent report, Brooklyn has seen a concerning trend, with pedestrian fatalities increasing by 24% compared to the Vision Zero-era average. If you’ve lost a loved one in a pedestrian accident in Brooklyn, understanding your legal rights is crucial. This blog post aims to provide clarity on the legal recourse available to victims’ families, offering guidance during an incredibly difficult time.

Pedestrian Rights and Driver Responsibilities in New York

New York law prioritizes pedestrian safety, granting them the right-of-way in many situations. However, this doesn’t mean pedestrians always have the right of way. It’s a shared responsibility between pedestrians and drivers to ensure safety on the roads.

When Pedestrians Have the Right-of-Way:

Crosswalks: Whether marked or unmarked, pedestrians have the right-of-way in crosswalks. Drivers must yield to pedestrians within the crosswalk.
“Walk” Signal: When facing a “Walk” signal at an intersection, pedestrians have the right-of-way.
Entering or Exiting Driveways: Drivers must yield to pedestrians on the sidewalk when entering or exiting a driveway, alley, or private road.
Visibly Blind Pedestrians: Drivers must yield to blind pedestrians using a cane or guide dog, regardless of crosswalks or traffic signals.

When Pedestrians Don’t Automatically Have the Right-of-Way:

Jaywalking: Crossing outside of a crosswalk.
Suddenly Stepping Off the Curb: Entering the path of a vehicle so closely that it’s impossible for the driver to yield safely.
Available Overpass/Tunnel: When a pedestrian tunnel or overpass is available, vehicles have the right-of-way on the roadway.

Even when pedestrians don’t have the right-of-way, drivers still have a “duty of care” to avoid hitting them if reasonably possible. Reckless or distracted driving can still result in liability, even if the pedestrian was not crossing legally.

Understanding Wrongful Death Lawsuits in New York

When a pedestrian dies due to someone else’s negligence, the victim’s family may have grounds to file a wrongful death lawsuit. This type of lawsuit seeks to recover damages for the losses suffered as a result of the death.

Who Can File a Wrongful Death Lawsuit?

In New York, the personal representative of the deceased’s estate is the one who files the wrongful death lawsuit. This is typically a family member appointed by the court to administer the estate. The lawsuit is filed on behalf of the surviving family members, who are the beneficiaries of any compensation awarded. Eligible family members typically include:

Spouse
Children
Parents
Other dependents

What Damages Can Be Recovered?

A wrongful death lawsuit aims to compensate the family for their losses, both financial and emotional. Damages that may be recovered include:

Funeral Expenses: The cost of the funeral and burial.
Medical Expenses: Medical bills incurred as a result of the accident prior to death.
Lost Income: The income the deceased would have earned over their lifetime.
Loss of Companionship: Compensation for the loss of the deceased’s love, support, and guidance.
Pain and Suffering: Compensation for the pain and suffering the deceased experienced prior to death.
Loss of Parental Guidance: Compensation for the loss of guidance, care, and nurturing that the deceased would have provided to their children.
Loss of Estate Value: Compensation for the loss of inheritance the deceased would have left to their heirs.

Statute of Limitations: Act Quickly

It’s crucial to understand that there’s a limited time to file a wrongful death lawsuit, called the statute of limitations. In New York, the statute of limitations for most wrongful death claims is two years from the date of death.

There are some exceptions that can extend or shorten this deadline:

Medical Malpractice: If the death was caused by medical malpractice, the statute of limitations may be two years and six months from the date of death.
Criminal Prosecution: If the person responsible for the death is also facing criminal charges, the family has one year from the end of the criminal case to file a civil lawsuit.
Claim Against a Government Entity: If the negligent party is a government entity, a Notice of Claim must be submitted within 90 days of the appointment of the administrator of the estate. A wrongful death lawsuit against the government entity can be filed after 30 days have elapsed since the filing of the Notice of Claim but no later than two years after the death.
Minor Beneficiary: If the sole beneficiary is a minor (under 18), the statute of limitations may be paused until the minor turns 18 or a legal guardian is appointed.

Missing the deadline means losing the right to sue, so it’s essential to consult with an attorney as soon as possible.

Proving Negligence in a Pedestrian Fatality Case

To win a wrongful death lawsuit, you must prove that the other party was negligent and that their negligence caused the pedestrian’s death. Negligence means that the person failed to exercise reasonable care, which resulted in harm to another person.

Common Examples of Driver Negligence:

Speeding: Exceeding the posted speed limit or driving too fast for conditions.
Distracted Driving: Texting, talking on the phone, or otherwise not paying attention to the road.
Drunk Driving: Driving under the influence of alcohol or drugs.
Failure to Yield: Not yielding the right-of-way to pedestrians in a crosswalk.
Running a Red Light or Stop Sign: Disregarding traffic signals.

Evidence That Can Help Prove Negligence:

Police Report: The official police report from the accident scene.
Witness Statements: Testimony from people who saw the accident.
Accident Reconstruction Analysis: Expert analysis of the accident scene to determine how it occurred.
Traffic Camera Footage: Video footage from traffic cameras in the area.
Cell Phone Records: To show if the driver was distracted by their phone.
Blood Alcohol Test Results: To show if the driver was under the influence of alcohol or drugs.

Comparative Negligence: What If the Pedestrian Was Partially at Fault?

New York follows a “pure comparative negligence” rule. This means that even if the pedestrian was partially at fault for the accident, the family can still recover damages. However, the amount of damages will be reduced by the percentage of fault attributed to the pedestrian.

For example, if a pedestrian was jaywalking but a speeding driver hit them, the pedestrian might be found 20% at fault. If the total damages are assessed at $1,000,000, the family would receive $800,000.

No-Fault Insurance and Pedestrian Accidents

New York is a “no-fault” insurance state, which means that your own insurance (or the insurance of a relative you live with) will cover your medical expenses and lost wages, regardless of who caused the accident. In a pedestrian accident, the claim is typically made against the insurance of the vehicle involved.

No-fault insurance, also known as Personal Injury Protection (PIP), covers:

Up to $50,000 in medical expenses
Lost wages

However, no-fault insurance does not cover pain and suffering. If your injuries are serious, you may be able to step outside of the no-fault system and sue the at-fault driver for additional damages, including pain and suffering.

The Importance of Seeking Legal Assistance

Navigating the legal aftermath of a pedestrian fatality can be overwhelming. An experienced Brooklyn pedestrian accident lawyer can help you:

Understand Your Rights: Explain your legal options and what you are entitled to.
Investigate the Accident: Gather evidence to prove negligence.
Negotiate with Insurance Companies: Deal with insurance adjusters and fight for a fair settlement.
File a Lawsuit: Represent you in court if necessary.
Maximize Your Compensation: Ensure you receive the full amount of damages you deserve.

Conclusion

Losing a loved one in a pedestrian accident is a devastating experience. While no amount of money can replace your loss, pursuing legal action can help you obtain justice, hold the responsible party accountable, and secure financial security for your family’s future. If you have experienced the tragedy of a Brooklyn pedestrian fatality, remember that you don’t have to face this difficult journey alone. Reach out to an experienced attorney who can guide you through the legal process and fight for your rights.