In New York, getting around on foot is an extremely common method of transportation. Whether you are jogging for exercise, walking to or from work, or simply taking in the sights, you have the right to feel safe in your surroundings. Unfortunately, anyone walking close to traffic is at an increased risk of being struck by a motorist. Typically, the most common causes of pedestrian accidents in Buffalo stem from drivers being negligent in some way.
While pedestrians are covered by New York State’s no-fault laws, recovering compensation after an incident can be difficult without the guidance of a skilled pedestrian accident attorney. If you were injured while walking, reach out to Richmond Vona, LLC, to learn about your legal options.
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Causes of Pedestrian Collisions
Collisions between passenger vehicles and people on foot can have devastating consequences. Pedestrians do not have the same protections as individuals inside motor vehicles, such as airbags and steel frames, to cushion their bodies from impact. This, combined with the size and weight of cars and trucks, often results in catastrophic and sometimes fatal injuries. Some of the common causes of pedestrian accidents in Buffalo include:
Driving distracted, including texting, eating, or talking on the phone while behind the wheel
Driver inexperience
Pedestrians who fail to yield to the right of way of traffic or utilize crosswalks and sidewalks
Driving while under the influence
One of the most frequently seen scenarios our attorneys handle claims for is vehicles striking pedestrians in crosswalks or driveways. On these occasions, a driver is typically distracted either by looking at oncoming traffic, engaging with passengers, or using handheld devices. This type of accident often occurs when a motorist is turning at a red light or stop sign and is focusing more on the flow of other vehicles than whether someone is walking in their path.
Similar incidents can occur in busy parking lots or garages if someone backs out of a space without first checking their mirrors or backup cameras. Pedestrian accidents also increase in frequency after sporting events and concerts when roads become congested with people trying to leave their venues. Unfortunately, in some instances, drivers may be intoxicated, which increases their risk of striking someone on foot due to a slowed reaction.
Liability for a Pedestrian Accident
Proving fault for a pedestrian accident in Buffalo may depend on where the incident occurred and its cause. For events involving an individual crossing the street, the person in the crosswalk has the right of way under New York State Vehicle and Traffic Law. However, like motorists, pedestrians are mandated to follow specific rules and regulations to help ensure their safety and the safety of others.
In addition to using crosswalks when available, they must also be aware of lighted “walk” or “do not walk” signals. If an individual crosses the street when the do not walk signal is present, they could be found liable for their own injuries. This makes gathering evidence to establish liability and avoid accusations of shared blame vital. This can include independent witness testimony as well as video surveillance from intersection cameras, nearby businesses, and dash cams.
Other requirements for pedestrians include using sidewalks. If they are walking on a roadway that does not have a sidewalk available, they should travel on the left side of the road to face oncoming traffic and be more aware of their surroundings. This rule differs for cyclists, however, who must ride with the flow of traffic.
Let an Attorney Help if You Sustain Injuries in a Pedestrian Accident in Buffalo
Common causes of pedestrian accidents in Buffalo range from simple mistakes to outright reckless behavior. If you or a loved one suffered injuries and damages while walking, reach out to our firm for dedicated legal counsel. Our experienced team is ready to begin reviewing the details of your incident.
With over 25 years of combined personal injury experience, our co-founding attorneys, John E. Richmond and Keith R. Vona, have helped injury victims and their family members recover more than $150 million in financial relief.
John E. Richmond
Co-Founding Member
As one of New York’s top personal injury attorneys, John E. Richmond understands that clients come first. With over a decade of experience representing plaintiffs, he knows how to hold negligent corporations and big insurance companies liable.
In his nearly 15 years in practice, Keith has been consistently recognized for his client service and record of results. He has been selected for inclusion in the New York Super Lawyers® Rising Stars list four times (2013 to 2016), an honor reserved for the top up-and-coming attorneys.
