Who Is to Blame for Fatal Pedestrian and Cyclist Crashes in NYC?

Negligent drivers usually bear the blame for fatal pedestrian and cyclist crashes in NYC. various forms of motorist negligence, such as distracted driving, driving under the influence of alcohol or drugs, and traffic violations, can cause fatal pedestrian or bicycle accidents. 

If you are wondering who is to blame for a fatal pedestrian or cyclist crash, a New York bicycle accident lawyer can help. An attorney can investigate your loved one’s fatal accident and help you seek justice and compensation.

Fatal Pedestrian and Cyclist Crash Reports in NYC

New York personal injury lawyers have seen first-hand how collisions between passenger vehicles and pedestrians or bicyclists can easily result in life-threatening injuries.  

The NYC Department of Transportation (NYCDOT) publishes Bicycle Crash Data annually. In its 2023 report, 22 bicyclists died in collisions with motor vehicles across New York City. The same report notes that 101 pedestrians citywide suffered fatal injuries after being hit by motorists. 

Even back in 2020, The New York Times reported that more pedestrians and cyclists are dying in NYC, and drivers are often to blame. Anytime a driver acts negligently, they are risking lives, especially those of pedestrians and cyclists, since they lack the protection offered by passenger vehicles. 

How Motorist Negligence Leads to Fatal Pedestrian and Cyclist Crashes in NYC

Some of the most common forms of driver negligence that cause devastating pedestrian and bike accidents include:

Failure to Yield Right-of-Way

Drivers have a legal duty to yield to pedestrians in crosswalks and intersections, as well as cyclists, when turning or changing lanes. A startling number of crashes occur when motorists fail to yield properly.

Distracted Driving

Drivers who are texting, eating, adjusting music/navigation, or simply not paying full attention pose an extreme hazard to pedestrians and bicyclists who have minimal protection.

Impaired Driving

Intoxicated drivers with slowed reaction times and impaired judgment put pedestrians and cyclists at tremendous risk when they get behind the wheel after consuming alcohol or drugs.

Excessive Speed

The higher the speed, the less time and distance a driver has to see and react to pedestrians/cyclists, and the more severe the impact when a collision occurs.

Reckless Driving Behavior

Aggressive driving tactics like unsafe lane changes, running red lights/stop signs, and improper passing/turning directly imperil pedestrians and cyclists.

Visibility Issues

Drivers must exercise enhanced caution in low-light conditions, bad weather, or areas with visual obstructions where seeing pedestrians and cyclists can be difficult.

Even when pedestrians or cyclists make errors like jaywalking or running stop signs, motorists still have a heightened duty of care to drive cautiously and avoid causing injury wherever possible.

When drivers fail to uphold this responsibility through negligent actions, they can be held liable for resulting pedestrian and cyclist injuries and deaths. A New York wrongful death lawyer can help you seek justice and compensation for your family. 

New York’s Pure Comparative Negligence Law and Fatal Pedestrian and Cyclist Crashes

Pedestrians and cyclists also have to follow traffic laws, such as bike lane laws and crosswalk laws. While a failure on their part can result in shared liability, New York’s pure comparative negligence law still works in their favor.

Civil Practice Law and Rules (CPLR) Section 1411 allows accident victims to seek compensation against another liable party regardless of their percentage of fault. For example, even if an accident victim bears 99% of the blame, they can still seek 1% of compensation from the other party. 

Still, personal injury cases require dedication and attention to detail. You do not have to build a case on your own. You can hire legal representatives to file an insurance claim or a lawsuit while you grieve with your family. 

Recovering Damages for Fatal Pedestrian and Cyclist Accidents in NYC

When a pedestrian or cyclist suffers fatal injuries due to a motorist’s negligence, certain family members may be able to file a wrongful death lawsuit against the at-fault driver to seek financial compensation.

In New York, the deceased victim’s surviving spouse, children, and/or parents are typically the parties eligible to bring a wrongful death claim and recover damages such as:

• Outstanding medical bills for the victim’s final medical treatments
• Funeral and burial costs
• Lost income, benefits, and future earnings potential
• Pain and suffering the victim experienced prior to death

While no amount of money can make up for the profound, irreplaceable loss of a loved one, these damages attempt to provide some financial relief and accountability during an unimaginably difficult time.

It’s important for families to consult a skilled wrongful death attorney who handles pedestrian and cyclist fatalities. These cases require extensive investigation, gathering evidence, consulting accident reconstruction experts, and careful calculation of both economic and non-economic damages.

Call Morelli Law Firm if Lost a Loved One in a Fatal Pedestrian or Cyclist Accident in New York City

You and your family deserve justice if another party’s negligence caused your loved one’s fatal pedestrian or bicycle accident. Additionally, your family should not have to struggle financially in your loved one’s absence. You deserve to honor the memory of your family member and grieve in peace.

While you spend this time with your family, a New York bicycle accident attorney from Morelli Law Firm can compassionately handle your wrongful death case. Our legal team has secured over $1 billion in settlements and verdicts for our previous clients. Call us now for a free initial consultation.