While most car accident cases are clear-cut, in that whoever caused the crash was at fault, there can sometimes be complex issues that arise. For instance, if the other driver who caused the accident was working at the time; in these circumstances it may be possible to also hold the employer liable. Then to further complicate matters, the employer may argue the driver wasn’t a direct employee but an independent contractor.
These are some of the issues that could impact a recent pedestrian accident in Brooklyn. A 72-year-old woman was critically injured when a 24-year-old DirecTV driver struck her. He was charged with failing to yield to a pedestrian and was arrested for driving on a suspended license.
However, DirecTV indicates the driver was an independent dealer. If that’s the case, liability can be even further complicated.
Impact of No-Fault Laws in a Traffic Accident
Of course, another factor that can impact these types of circumstances is no-fault laws in New York. If a pedestrian carries auto insurance, a claim would be filed with his/her own insurance company under the personal injury protection policy—even if someone else was at fault for the accident.
However, sometimes the injured person can still pursue a lawsuit against the negligent driver. This typically applies to accidents where someone has sustained serious physical harm, or if they suffer economic losses not covered by personal injury protection or beyond the coverage available. A lawsuit could allow for additional damages such as pain and suffering if the victim suffered serious injuries.
If an injured party qualifies to pursue a lawsuit, it may be possible to hold an employer liable if the at-fault driver was an employee. But as this recent pedestrian accident shows, liability could become an issue if the driver wasn’t working directly for the company.
When a traffic accident case involves complex issues such as these, or someone has been seriously injured, it’s usually best to consult with an attorney. The attorneys at Gacovino, Lake & Associates help accident victims sort out liability and establish fault. Set up an appointment: 800-550-0000.