Getting hit by a car as a pedestrian often results in serious injuries and can cause a lot of stress. While drivers are usually at fault, sometimes the blame falls on the city itself. If you were injured in a pedestrian accident, you may be wondering if you can hold the city liable.
When can the city be held liable?
In general, New York City has a duty to maintain safe roads and sidewalks for everyone. This includes pedestrians. If the city fails in this duty, and that failure causes your injury, you may have a case. Some examples include:
- Dangerous road conditions: This category covers potholes, uneven pavement, missing or damaged sidewalks, and inadequate lighting.
- Faulty traffic signals: A malfunctioning traffic signal, like a walk signal that shows a green light while cars also have green, creates a hazardous situation.
- Negligent crosswalk design: Poorly designed crosswalks, such as those lacking adequate visibility or proper signage, can also contribute to accidents.
You must be able to prove that the city knew or should have known about the dangerous condition. You also must prove that negligence directly caused your accident.
What evidence supports a claim against the city?
After an accident, gathering evidence to support your claim is critical. This evidence helps establish the city’s negligence:
- Photos and videos: Take images of the accident scene, including road conditions, traffic signals, crosswalks and your injuries.
- Witness statements: Ask for people’s contact information, especially those who saw the accident and get their account of what happened.
- Police report: Immediately file a police report, as it records the accident and may contain valuable information.
- Medical records: Keep records of all your injuries, treatments and expenses related to the accident.
Suing the city and holding it liable for an accident that you were in is no easy task, as you must go through specific legal procedures and deadlines. For instance, New York state law generally requires you to send your Notice of Claim within 90 days of the accident. Failure to meet this deadline can bar your claim.
Due to the complexities of these cases, having legal counsel can impact your chances of obtaining a fair settlement. They can also help you gather evidence and build a strong case against the city.