1. Car Accident Lawyer Brooklyn New York Case Background
Accident Circumstances and Initial Charges
On the night of the incident, the client was driving home during heavy rain and fog, which significantly reduced overall visibility.
An oncoming commercial truck emitted strong headlights that caused momentary glare, further impairing the driver’s forward view.
At that moment, a pedestrian wearing dark clothing and carrying a dark umbrella crossed the roadway outside of a designated crosswalk.
The pedestrian signal at the nearest intersection was red, and the crossing occurred in an area where pedestrian traffic was not anticipated.
Immediate Response after the Collision
Upon noticing the pedestrian at close range, the driver attempted evasive steering to avoid impact.
Due to the wet road surface and limited reaction time, contact could not be avoided.
The client immediately exited the vehicle, contacted emergency services, and performed first aid measures until responders arrived.
Despite these efforts, the pedestrian later passed away at the hospital, resulting in criminal charges for causing death by traffic accident.
2. Car Accident Lawyer Brooklyn Defense Strategy
Pedestrian Fault and Illegal Crossing
The defense established through scene analysis and traffic signal records that the accident location was not a crosswalk.
Evidence confirmed that the pedestrian signal was red at the time of crossing, supporting a finding of unlawful pedestrian conduct.
Witness statements and traffic diagrams demonstrated that the pedestrian entered the roadway suddenly and without warning.
This evidence was central to showing that the pedestrian’s actions constituted a significant contributing factor.
Lack of Foreseeability and Avoidance Possibility
The defense team conducted a detailed review of dash camera footage and weather data.
Heavy rain, fog, headlight glare, and the pedestrian’s dark attire made early detection extremely difficult.
The car accident lawyer Brooklyn team argued that the driver could not reasonably foresee or avoid the hazard under ordinary driving standards.
Expert analysis supported the conclusion that the collision was not preventable even with reasonable caution.
3. Car Accident Lawyer Brooklyn Legal Analysis
Duty of Care and Criminal Negligence Standard
Under New York law, a driver’s duty of care extends to risks that are reasonably foreseeable in ordinary driving conditions.
The defense cited established appellate decisions holding that drivers are not required to anticipate extraordinary or highly irregular pedestrian behavior.
The court accepted the argument that this incident involved an atypical and unforeseeable scenario.
As a result, the prosecution failed to establish the level of negligence required for criminal responsibility.
Consideration of Post Accident Conduct
The court also evaluated the client’s conduct after the collision.
Immediate reporting, cooperation with authorities, and good faith emergency assistance were all documented.
The car accident lawyer Brooklyn team emphasized that these actions reflected responsibility rather than recklessness.
While post accident conduct does not negate liability on its own, it supported the overall credibility of the defense narrative.
4. Car Accident Lawyer Brooklyn Case Outcome
Not Guilty Verdict and Court Findings
After reviewing all evidence, the court issued a full not guilty verdict.
The judge concluded that the pedestrian’s unlawful crossing, combined with severe visibility limitations, broke the chain of criminal causation.
The court expressly found that the driver’s conduct did not rise to criminal negligence under New York standards.
03 Feb, 2026

