A woman was killed in Penfield, N.Y., when she was struck by a Suburban Disposal garbage truck as she was getting her mail, according to news reports. The garbage truck was backing up at the time, through the woman apparently did not hear its beeping warning sound. Neighbors said she was recuperating from a recent surgery when she was struck and killed.

New York Pedestrian Accidents

Unfortunately, pedestrian accidents are hardly unusual in the State of New York. According to the New York State Department of Motor Vehicles, there were 16,357 pedestrian/motor vehicle accidents in 2010 throughout the State of New York. As a result, 312 people lost their lives and 16,023 others were injured. Of those killed, only one was a driver while the remaining 311 were pedestrians. Of those injured, 1,898 were seriously injured, 3,000 received moderate injuries and 9,498 had minor injuries. Backing unsafely was listed as a contributing factor in 779 pedestrian accidents, or 5 percent.

Who Is Responsible in a Pedestrian Accident?

Although a thorough investigation will determine exactly what happened last Monday, there are some general legal principles that come into play in any pedestrian accident.

All motorists have a legal duty to take reasonable precautions to avoid injuring others on the roadway, including pedestrians. The driver of a large commercial vehicle should be particularly vigilant, given the potential for harming anyone in its path.

When a commercial vehicle is involved in an accident, there are several parties that could potentially be held liable for any resulting injuries. Among them are:

• The driver
• The company for whom the driver was employed
• The owner of the cargo
• The shipping company or delivery manager
• A municipality or other governmental entity
• The manufacturer of the vehicle
• A third party maintenance company
• A leasing or rental company if the vehicle was leased or rented

If anyone is found to have been negligent, then a victim could be entitled to compensation for both the physical and emotional injuries caused by the accident. If the accident caused fatal injuries, then surviving family members could be entitled to compensation through a wrongful death lawsuit.

Ask a New York/New Jersey Personal Injury Attorney about Your Options

If you have been injured or lost a family member in a New York pedestrian accident, you need the assistance of an experienced pedestrian accident attorney. Contact the New York/New Jersey pedestrian accident attorneys at Ginarte Gonzalez & Winograd to find out what legal options you may have. With six offices conveniently located in the New York/New Jersey metropolitan area, we have an office near you. Contact the firm today by calling 888-446-2783 or filling out our online contact form for your free consultation.