If pedestrian was jaywalking and crossed in between traffic (even stated in law suit they crossed between 2 streets no crosswalk

The pedestrian might have been in the wrong for Jay walking. All drivers are responsible for their actions while driving. I would suggest you talk to a strong auto accident attorney as soon as possible,. I would not talk to the other party or insurance companies involved. There seems to be several questions to be answered that an attorney can help you with. Check out my website below and give me a call for a free consultation if you are a California resident 877-427-2752 or you can email me at [email protected] www. KingofPersonalInjuryLaw.com I am licensed in California only and my answers on assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see 's terms and conditions of use, specifically item 9, incorporated by this reference

Turn this over to your insurance company; and breath easier. That's why the insurance companies take premiums (happily, I might add). There may always be more than one cause to an accident (in NY).

A driver can still be held liable in this type of case... they are very fact specific.

Does it help defend a claim? Yes. Does it make it you not liable? Not necessarily. A driver has a duty to operate a vehicle in a reasonable and careful manner. Failure to do so can result in liability. There can be more than one proximate, or legal, cause of an accident. For example, if the driver failed to see the pedestrian prior to striking him, he could be held responsible. Its up to a jury to apportion fault. A driver does not have free reign to strike a pedestrian simply because the pedestrian is crossing mid block.

There is more than one way to skin a cat, and a good personal injury lawyer would pursue a claim nontheless. Simply turn this over to your insurance company, and they will provide a lawyer to defend, so don't lose sleep over it.

As you indicate New York is a comparative fault jurisdiction. Upon hearing all the evidence a jury would determine who was at fault and in what degree.. Any outcome is possible so long as the total of the apportioned fault equals one hundred per cent. If for example the jury found that the pedestrian was fifty per cent at fault but seriously injured he would receive fifty per cent of the full value of his injury claim.