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What is the law in New York when it comes to figuring out fault if a car hits a pedestrian? Let's ask New York City lawyer Ron Landau for this Ask the Lawyers Quick Question.
We have what's called a comparative negligence statute, and when we try these cases frequently, the first question of jury is asked is, Was the car legally responsible for the happening of the accident? Frequently, people look, they see it's clear, there may be a car stopped at a traffic signal at the end of the block, they think it's safe to clear in the car hauls like you can't believe it down the block and strikes the pedestrian. But even in that circumstance, there's a possibility that a pedestrian could be found in some way partially responsible for the happening of the accident, it is a comparative negligence state where the negligence of each party has to be addressed by a jury.
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