{"id":8022,"date":"2019-12-13T13:45:46","date_gmt":"2019-12-13T18:45:46","guid":{"rendered":"http:\/\/localhost:10028\/uncategorized\/what-to-do-in-a-hit-and-run\/"},"modified":"2019-12-13T13:45:46","modified_gmt":"2019-12-13T18:45:46","slug":"what-to-do-in-a-hit-and-run","status":"publish","type":"post","link":"https:\/\/napolilaw.lemonadestand.org\/ja\/article\/what-to-do-in-a-hit-and-run\/","title":{"rendered":"\u300c\u3072\u304d\u9003\u3052\u300d\u3067\u4f55\u3092\u3059\u3079\u304d\u304b"},"content":{"rendered":"<p><strong>Fatal Pedestrian Accident in East Harlem, New York<\/strong><\/p>\n<p>A toddler is dead, and his mother is seriously injured, after a <u><a href=\"https:\/\/www.ny1.com\/nyc\/all-boroughs\/news\/2019\/12\/09\/truck-strikes-mother-and-child-in-east-harlem\" target=\"_blank\" rel=\"noopener\">speeding pickup<\/a><\/u> struck them as they crossed the street.<\/p>\n<p>The wreck accident occurred near the intersection of 116th Street and First Avenue in East Harlem.<\/p>\n<p>A 59-year-old-man, whose name was not released, struck a woman and her child, who was in a stroller, in his Ford F-250 truck.<\/p>\n<p>Emergency responders rushed mother and child to a nearby hospital. She is expected to survive, but 3-year-old Bertin Dejesus did not.<\/p>\n<p>Charges are pending against the driver.<\/p>\n<p><strong>Speed and Pedestrian Accidents<\/strong><\/p>\n<p>Excessive velocity increases the risk of a collision and the force in a collision. So, speed is a factor in about a third of the fatal pedestrian accidents in New York.<\/p>\n<p>Speed multiplies stopping distance, which is the distance most vehicles travels in the few moments it takes for a tortfeasor (negligent driver) to see a hazard, apply the brakes, and safely stop the vehicle.<\/p>\n<p>At 30mph, stopping distance is about six car lengths. At 60mph, stopping distance triples to eighteen car lengths.<\/p>\n<p>Most pedestrian accidents take place outside crosswalks. So, tortfeasors may not be travelling 60mph, but they are usually moving a lot faster than 30mph.<\/p>\n<p>Speed also multiplies the fatality rate. At impact speeds of less than 20mph, the pedestrian death rate is about 10 percent. That proportion skyrockets to about <u><a href=\"https:\/\/aaafoundation.org\/impact-speed-pedestrians-risk-severe-injury-death\/\" target=\"_blank\" rel=\"noopener\">90\u30d1\u30fc\u30bb\u30f3\u30c8<\/a><\/u> at 40mph.<\/p>\n<p>Vehicle occupants have multiple restraint layers and steel cages to protect them in collisions, but pedestrians almost literally only have the clothes on their backs.<\/p>\n<p><strong>\u640d\u5bb3\u8ce0\u511f\u8acb\u6c42<\/strong><\/p>\n<p>If the tortfeasor received a traffic citation, the tortfeasor may be liable for damages as a matter of law. The negligence <em>\u305d\u308c\u81ea\u4f53<\/em> doctrine applies if:<\/p>\n<ul>\n<li>The driver violated a safety law, and<\/li>\n<li>That infraction substantially caused the crash.<\/li>\n<\/ul>\n<p>Emergency responders often file criminal charges in fatal accident cases.<\/p>\n<p>But in many nonfatal cases, emergency responders may not even issue traffic tickets, especially if the victim was outside a crosswalk.<\/p>\n<p>As mentioned, most of these incidents take place outside marked crosswalks. So, a <u><a href=\"\/ja\/%e7%b7%b4%e7%bf%92%e5%a0%b4\/%e4%ba%ba%e8%ba%ab%e5%82%b7%e5%ae%b3\/%e4%ba%a4%e9%80%9a%e4%ba%8b%e6%95%85%e5%bc%81%e8%ad%b7%e5%a3%ab\/\">\u30cb\u30e5\u30fc\u30e8\u30fc\u30af\u306e\u4eba\u8eab\u50b7\u5bb3\u5f01\u8b77\u58eb<\/a><\/u> must often use the ordinary negligence doctrine.<\/p>\n<p>All drivers have a duty of reasonable care.<\/p>\n<p>Another person\u2019s mistake, such as crossing the street outside a crosswalk, does not change this responsibility.<\/p>\n<p>If the tortfeasor did not drive defensively, the tortfeasor might be legally responsible for damages. In court, the victim\/plaintiff must establish a lack of care by a preponderance of the evidence (more likely than not).<\/p>\n<p>Damages in a car crash claim usually include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.<\/p>\n<p><strong>\u4fdd\u967a\u4f1a\u793e\u306e\u5f01\u8b77<\/strong><\/p>\n<p>Although this compensation is available, insurance companies do not simply give it away. In pedestrian accident claims, there are several legal doctrines available.<\/p>\n<p><u><a href=\"https:\/\/www.nsc.org\/home-safety\/safety-topics\/distracted-walking\" target=\"_blank\" rel=\"noopener\">Distracted walking<\/a><\/u>, which is a form of contributory negligence, is one example. Device distraction only causes a small number of the distracted driving-related crashes in New York. But hand-held devices are almost exclusively the cause of distracted walking.<\/p>\n<p>The insurance company has the burden of proof on this point.<\/p>\n<p>Evidence of device distraction could include web browsing logs, device use records, and the tortfeasor\u2019s testimony about distracted walking.<\/p>\n<p>If there is evidence of contributory negligence, the jury must divide fault between the victim and tortfeasor on a percentage basis.<\/p>\n<p>New York is a pure comparative fault state. Even if the victim was 99 percent responsible for the crash, the tortfeasor is still liable for a proportionate share of damages.<\/p>\n<p>At best, contributory negligence only reduces the amount of damages.<\/p>\n<p>The sudden emergency defense, however, completely excuses negligent conduct. This rule applies if the tortfeasor:<\/p>\n<ul>\n<li>\u5408\u7406\u7684\u306b\u53cd\u5fdc\u3057\u305f<\/li>\n<li>\u7a81\u7136\u306e\u7dca\u6025\u4e8b\u614b\u3002<\/li>\n<\/ul>\n<p>The first prong is usually present in all cases except hit-and-run crashes. After a serious collision, it\u2019s reasonable to pull over, render assistance if possible, and wait for emergency responders to arrive.<\/p>\n<p>The second prong, however, is usually absent in pedestrian accidents. In this context, a \u201csudden emergency\u201d is usually a hood fly-up or another completely unexpected situation.<\/p>\n<p>A jaywalking pedestrian, while unusual, is hardly in this category.<\/p>\n<p>So, even if the tortfeasor remained at the scene of a pedestrian accident, the sudden emergency defense usually does not apply.<\/p>\n<p>That\u2019s especially true if there were no unusual circumstances, such as a victim running across a rural road in complete darkness.<\/p>\n<p>Pedestrian crash victims may be entitled to substantial compensation.<\/p>\n<p>\u3068\u306e\u7121\u6599\u76f8\u8ac7\u306e\u305f\u3081\u306b <u><a href=\"\/ja\/%e3%81%8a%e5%95%8f%e3%81%84%e5%90%88%e3%82%8f%e3%81%9b\/\">\u30cb\u30e5\u30fc\u30e8\u30fc\u30af\u3067\u7d4c\u9a13\u8c4a\u5bcc\u306a\u4eba\u8eab\u50b7\u5bb3\u5f01\u8b77\u58eb<\/a><\/u>, contact Napoli Shkolnik . Home and hospital visits are available.<\/p>","protected":false},"excerpt":{"rendered":"<p>\u30cb\u30e5\u30fc\u30e8\u30fc\u30af\u5dde\u30a4\u30fc\u30b9\u30c8\u30cf\u30fc\u30ec\u30e0\u3067\u6b69\u884c\u8005\u6b7b\u4ea1\u4e8b\u6545 \u901a\u308a\u3092\u6a2a\u65ad\u4e2d\u3001\u30b9\u30d4\u30fc\u30c9\u9055\u53cd\u306e\u30d4\u30c3\u30af\u30a2\u30c3\u30d7\u30c8\u30e9\u30c3\u30af\u306b\u885d\u7a81\u3055\u308c\u305f\u5f8c\u3001\u5e7c\u5150\u304c\u6b7b\u4ea1\u3057\u3001\u6bcd\u89aa\u304c\u91cd\u50b7\u3092\u8ca0\u3063\u305f\u3002 \u2026<\/p>","protected":false},"author":3,"featured_media":8023,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"inline_featured_image":false,"footnotes":""},"categories":[775],"tags":[824,846,851,964],"class_list":["post-8022","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-personal-injury","tag-auto-accidents","tag-car-accident-attorney","tag-personal-injury-lawyers-near-me","tag-personal-injury"],"acf":[],"page_builder_type":"gutenberg","gutenberg_data":[],"_links":{"self":[{"href":"https:\/\/napolilaw.lemonadestand.org\/ja\/wp-json\/wp\/v2\/posts\/8022","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/napolilaw.lemonadestand.org\/ja\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/napolilaw.lemonadestand.org\/ja\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/ja\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/ja\/wp-json\/wp\/v2\/comments?post=8022"}],"version-history":[{"count":0,"href":"https:\/\/napolilaw.lemonadestand.org\/ja\/wp-json\/wp\/v2\/posts\/8022\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/ja\/wp-json\/wp\/v2\/media\/8023"}],"wp:attachment":[{"href":"https:\/\/napolilaw.lemonadestand.org\/ja\/wp-json\/wp\/v2\/media?parent=8022"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/ja\/wp-json\/wp\/v2\/categories?post=8022"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/ja\/wp-json\/wp\/v2\/tags?post=8022"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}