Who Is Liable for a School Zone Pedestrian Accident in New York?

Who Is Liable for a School Zone Pedestrian Accident in New York?

A school zone pedestrian accident can be a devastating and life-altering event. After such an incident, victims are often left with severe injuries and psychological trauma. What’s more, as a family, you may now be facing significant medical expenses and other financial insecurities.

School zones are meant to be secure areas for pedestrians. New York law imposes strict traffic regulations within school zones to protect pedestrians, especially during school hours. When a driver fails to follow these rules and a pedestrian is injured, he or she may be held responsible for the harm caused.

In this article, we will first review some common causes of school zone pedestrian accidents and the impact they have on accident victims. From there, we will discuss who may be liable for a school zone accident.

Frequent Causes of School Zone Pedestrian Accidents

Though school zones are meant to protect children and other pedestrians, they can be alarmingly dangerous. According to Safe Kids Worldwide, there are 5 teen pedestrian deaths every week in the US. While these kinds of devastating accidents are often caused by negligent drivers, they can happen for a variety of reasons.

Some of the most common causes of school zone pedestrian accidents include:

• Distracted driving: Drivers who are texting, talking on the phone, eating, or otherwise distracted can easily fail to see pedestrians or miss crucial signals in a school zone.

• Speeding: School zones generally have a reduced speed limit during school hours. When drivers exceed the speed limit, they cannot stop as quickly, increasing the risk of hitting a pedestrian.

• Failure to yield to pedestrians: Drivers are required to yield to pedestrians in crosswalks. Accidents occur when drivers fail to stop for crossing children or crossing guards.

• Failure to obey traffic signals: Accidents happen when drivers ignore stop signs, traffic lights, or signals from crossing guards in school zones.

• Ignoring school bus stop signs or flashing red lights: New York law makes it illegal for drivers to pass a school bus when its stop sign is extended or red lights are flashing. Failure to obey can lead to a catastrophic pedestrian accident.

• Backing up accidents: Drivers in parking lots or driveways next to school zones may fail to thoroughly check their surroundings for children and other pedestrians before reversing.

• Lack of proper signage or school crossing guards: In some instances, there is no crossing guard or a school zone is not well marked and drivers do not realize they need to slow down.

• Inclement weather or poor visibility: Bad weather such as rain, fog, and snow or low light conditions can lead to a school zone accident.

Bad drivers and poor conditions can make school zones hazardous for pedestrians. Sadly, most school zone accidents prove to have been preventable had drivers been vigilant and exercised better caution. Victims and their families have the legal right to seek compensation after sustaining physical injuries.

The Heartbreaking Impact of a School Zone Accident

Any time a pedestrian is struck by a vehicle, the consequences can be tragic. Small children in school zones are especially vulnerable to serious injury when hit by a car.

Common injuries sustained in school zone pedestrian accidents include:

• Traumatic brain injuries and other head injuries
• Internal injuries and internal bleeding
• Spinal cord injuries
• Soft-tissue injuries
• Broken bones and fractures
• Cuts and lacerations

In addition to physical injuries, pedestrians hurt in school zones often suffer from psychological trauma and post-traumatic stress disorder. Victims may face a difficult medical prognosis and even permanent disability. Long-term physical therapy may be required.

Filing a personal injury claim or lawsuit allows families to seek compensation for their pain and suffering – with the goal of getting their lives back on track after the terrible accident.

Potential Liability in a School Zone Pedestrian Accident

While driver negligence is often the cause of school zone pedestrian accidents, sometimes other parties may share liability for what occurred. Depending on the circumstances of the accident, you may have legal recourse against various individuals or entities.

Those who may be held liable in a school zone accident include:

• The vehicle driver: The careless driver can be held accountable, and a personal injury claim can be filed with his or her insurance company.

• The school district: Missing signs, lack of crossing guards, or poor school zone maintenance can put liability on the school district.

• The municipality: In instances where traffic signals fail to work properly or a crosswalk is in disrepair, the city or another entity may be found responsible for the accident.

• Bus companies and drivers: If a school bus driver is negligent, or if the bus is poorly maintained, the company operating the bus may be liable.

School zone pedestrian accidents can involve multiple parties. It is not always initially clear exactly how the incident occurred. An experienced personal injury attorney can investigate the chain of events that led to the accident and hold all liable parties accountable for your losses.

How to Establish Liability After a School Zone Accident

To prove liability in a school zone pedestrian accident, you will need to show that the at-fault driver or another party was negligent. New York traffic laws require drivers to exercise increased caution when driving through school zones. Driver negligence occurs when he or she fails to act with the same level of care that a reasonable person would in similar circumstances.

To establish negligence, you will need to prove these elements:

• Duty of care: The driver had a legal duty to follow traffic laws and exercise care when driving in a school zone

• Breach of duty: He or she breached this duty by speeding, reckless driving, failing to yield, or otherwise negligent behavior

• Causation: The driver’s breach of duty directly caused the accident, resulting in the pedestrian’s injuries.

• Damages: The pedestrian suffered actual harm and tangible injuries as a result of the accident

Proving liability after a school zone accident can be complicated. A well-practiced injury lawyer can use his or her resources and know-how to gather the evidence and advocate on your behalf.

Contact Empathetic Personal Injury Attorneys After a School Zone Accident

A school zone pedestrian accident in New York City can result in heartbreaking losses. Understandably, in the wake of such a tragic incident, your family may be facing untold emotional and financial challenges. Under such circumstances, you need support as never before.

The personal injury attorneys at the New York law office of Hill & Moin have dedicated their careers to assisting victims of other people’s negligence. Our respectful and compassionate personal injury lawyers are proud to help individuals and families regain their quality of life after an accident.

Please don’t wait to get the help your family deserves. Learn about your Personal Injury Recovery SolutionsⓇ today. Call Hill & Moin at (212) 668-6000 or complete our online form for a free consultation.

Don’t wonder about your rights!