Pedestrian Accident Attorneys Serving Buffalo and All of New York
The Buffalo pedestrian accident lawyers at Fromen Injury Law understand the hardships you may be facing after being injured in an accident. Many injury victims face debilitating pain, disability, high medical bills, and time away from work they cannot afford. If someone else is responsible for your losses, you deserve justice.
For more than 60 years, Fromen Injury Law has protected the rights and best interests of accident victims in Buffalo. We take pride in making our streets and communities safer for everyone by holding wrongdoers accountable for their harmful actions. We have the knowledge, skills, and resources you can trust to successfully handle your case. Our firm has recovered more than $300 million for our clients in verdicts and settlements.
Contact Fromen Injury Law today online or at 716-855-1222 for a FREE case evaluation. Our experienced pedestrian accident lawyers welcome clients from Buffalo and across New York. We handle pedestrian accident cases on a contingency basis, which means that you pay nothing if we do not achieve a favorable outcome in your case.
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Common Pedestrian Accident Injuries
Pedestrian accidents are unfortunately all too common. According to the Governors Highway Safety Association (GHSA), 30 states, including New York, saw fewer deaths compared to the previous year, while 18 states saw an increase, and three remained the same. In New York, 123 people died in pedestrian traffic accidents in 2023, that is down 12% from the 135 pedestrian accident fatalities that occurred in 2022. Reduced traffic enforcement, road designs favoring fast-moving vehicles, insufficient infrastructure for pedestrians, and an increase in larger, heavier vehicles have been cited as contributing factors in these deaths.
Some of the common injuries pedestrian accident victims suffer include:
- Traumatic brain injuries (TBIs)
- Neck and back injuries
- Spinal cord injuries
- Fractures and broken bones
- Soft tissue injuries
- Lacerations and abrasions
- Internal injuries
- Facial injuries
- Paralyzation
- Disfigurement
- Death
The effects of a serious pedestrian accident injury can last a lifetime. Beyond the pain and initial treatment of the injury, victims may require years of continued care and therapy. The high cost of long-term care can be overwhelming for most accident victims. If you were hurt by someone’s careless or reckless behavior, you should not have to shoulder your burdens alone. You may be entitled to compensation for your physical, financial, and emotional losses through a personal injury claim. Our Buffalo pedestrian accident lawyers can help you get started.
What Are Common Causes of Pedestrian Accidents In Buffalo?
Pedestrian accidents can be the fault of the driver, the pedestrian, or both. While smartphone use has been cited as a major contributing factor in many accidents – for both pedestrians and drivers – there are many other ways in which carelessness or recklessness can cause a serious pedestrian injury.
Some of the most common causes of pedestrian accidents in Buffalo include:
- Distracted driving
- Speeding
- Failure to yield
- Turning vehicles
- Jaywalking
- Double parking
- Inadequate infrastructure
- Construction zones
- Intoxication
- Public transportation vehicles
- Weather conditions
Whatever the cause of your accident, if someone else was responsible for your injuries, you need to know your rights. The first step toward recovering compensation begins with a complimentary call to Fromen Injury Law. During your initial consultation, our Buffalo pedestrian accident lawyers will listen to your side of the story and explain your rights and options. The consultation is completely FREE, and you are under no obligation to work with us in the future.
What are the Rights and Duties of Pedestrians in Buffalo?
Unlike motorists, pedestrians are not required to demonstrate that they have sufficient knowledge of the rules of the road to protect themselves and others. When pedestrians fail to adhere to the rules of the road, whether they were aware of the rules or not, they may be found at fault for an accident and subsequently may lose some of all of their right to recover compensation.
Rights of Pedestrians:
In Buffalo, pedestrians have certain rights:
- Right-of-way at crosswalks: Pedestrians have the right-of-way at crosswalks, both marked and unmarked, at intersections. Drivers must yield to pedestrians crossing the road within any crosswalk.
- Use of sidewalks: Pedestrians have the right to use sidewalks where available. Drivers must ensure sidewalks are clear of vehicles and obstructions.
- Safety on roadways: Pedestrians have the right to be safe from negligent or reckless driving behavior that endangers their safety.
- Signalized intersections: At signalized intersections, pedestrians have the right to cross when the pedestrian signal indicates it is safe to do so (e.g., a “Walk” signal).
Duties of Pedestrians:
Buffalo residents have the following duties as pedestrians:
- Obey traffic signals: Pedestrians must obey traffic signals. They should only cross at intersections when indicated by pedestrian signals.
- Cross at crosswalks: Pedestrians should cross streets at crosswalks or intersections whenever possible. Crossing between intersections is dangerous, especially in metropolitan areas like Buffalo with heavy traffic.
- Yield to vehicles: When crossing at places other than crosswalks or intersections, pedestrians must yield the right-of-way to all vehicles on the road.
- Use sidewalks: Pedestrians must use sidewalks when they are present, instead of walking on the roadway.
- Walk on roadways: If sidewalks are not available, pedestrians should walk on the left side of the road, facing traffic.
- Avoid sudden movements: Pedestrians should not suddenly leave a curb or other safe place and walk or run into the path of a vehicle that is close enough to be a danger.
- Ensure visibility and caution: Pedestrians should remain vigilant, make eye contact with drivers when crossing streets, and ensure they are visible, especially at night or in low-light conditions.
How Is Fault Determined in a Pedestrian Accident?
Proving fault is an essential step toward recovering the financial compensation you deserve after a pedestrian accident in Buffalo. When a vehicle collides with a pedestrian, the driver is often deemed at fault, especially in cases when a pedestrian is struck while on a sidewalk or in a crosswalk.
The party held liable for a pedestrian accident is the one whose negligence caused the accident.
To establish liability in a pedestrian accident case where you, the pedestrian, were struck by a negligent driver, your attorney must prove:
- Duty of care: The driver had a legal obligation to drive safely and avoid harming pedestrians.
- Breach of duty: The driver failed to meet this obligation by engaging in negligent behavior (e.g., texting while driving, running a red light).
- Causation: The driver’s breach of duty directly caused your injuries (you would not have been injured if the driver had been paying attention and stopped at the red light).
- Damages: You suffered actual harm as a result of the accident, which can be quantified through medical bills, lost wages, and other evidence.
What if Both Parties Share Some Degree of Fault?
New York follows a “pure comparative negligence” rule. This means that you can still recover damages even if you are partially at fault for the accident. However, your compensation will be reduced by your percentage of fault. For example, if you are found to be 10% at fault for the accident and your damages total $100,000, you would receive $90,000. On the other hand, if you are found to be 99% at fault for the accident and your damages total $100,000, you would still recover $1,000.
Our Buffalo pedestrian accident lawyers meticulously investigate each case to identify the negligent behavior that caused the accident. We prepare each case as though it will go to trial. This fierce advocacy for our clients has earned us a reputation with both insurance companies and clients alike. Insurers know that we are prepared to go to court and we do not accept lowball settlement offers. This can have a tremendous impact on the outcome of your case.
Voices From Our Buffalo Community
What to Do After Being Injured in a Pedestrian Accident
The steps you take immediately following a pedestrian accident can have a significant effect on your health, future, and potential compensation.
If you are hurt in a pedestrian accident consider taking the following steps:
1. Seek Medical Attention
Call 911 to ensure that emergency services are alerted so you can receive medical attention as soon as possible. Even if your injuries seem minor, it’s important to get checked out by a medical professional. Keep all follow-up appointments and adhere to the treatment plan prescribed by your doctor.
3. Report the Accident
Contact the police to ensure that the accident is officially reported. An official police report can be a critical piece of evidence in your case. Provide the police with a detailed account of what happened, sticking to the facts and avoiding speculation or admitting fault.
4. Gather Evidence
Photograph the accident scene, including your injuries, the vehicle involved, skid marks, traffic signals, and any other relevant details. Collect contact information from any witnesses who saw the accident as their statements can be valuable in proving what happened. Exchange contact and insurance information with the driver involved in the accident.
5. Keep Detailed Records
Maintain all medical records, receipts, and bills related to your treatment. Document any ongoing symptoms and treatments. Write down everything you remember about the accident, your injuries, and how they have affected your daily life, including details about pain levels, emotional distress, and any activities you can no longer perform.
6. Notify Your Insurance Company
Report the accident to your insurance company as soon as possible, providing them with the necessary details but avoiding a recorded statement until you’ve consulted with an attorney.
7. Call Fromen Injury Law
Contact the Buffalo pedestrian accident lawyers at Fromen Injury Law. We can guide you through the legal process, help protect your rights, and work to get you the compensation you deserve. Avoid accepting any settlement offers from the driver’s insurance company without first consulting with your attorney, as early offers may be far less than what you need to cover your damages.
Compensation Claims for Pedestrian Accidents in Buffalo
No two accidents or injuries are exactly the same. The value of car accident settlements varies from claim to claim depending on numerous factors. In addition to reviewing your medical expenses, your lawyer will evaluate the ways the injury has affected your life by getting to know you and asking questions like:
- Does the injury interfere with your normal, day-to-day life?
- Will you continue to have pain in the future?
- Is your ability to work affected?
- Has your injury caused you emotional anguish?
Depending on the details of your crash and injuries, your attorney may help you seek damages for your:
- Medical bills
- Lost wages
- Lost earning capacity
- Disfigurement
- Disability
- Emotional distress
- Loss of enjoyment of life
If you lost someone you love in a car crash caused by someone else, you may be able to seek compensation in a wrongful death lawsuit. In a wrongful death claim, you may be able to recover damages for funeral and burial costs, loss of companionship, and more.
How Long Do I Have to File a Claim?
In New York, the statute of limitations for personal injury claims is generally three years from the date of the injury. This means you must file your lawsuit within three years of the accident or incident that caused your injury (see CVP § 214). If you fail to file within this timeframe, your case will likely be dismissed, and you will lose the right to seek compensation.
There are exceptions to the statute of limitations. The best way to know how long you have to file a claim is to meet personally with an experienced pedestrian accident lawyer as soon as possible.
Talk to a Buffalo Pedestrian Accident Lawyer for FREE
The Buffalo pedestrian accident lawyers at Fromen Injury Law don’t judge success by the number of cases we handle, but by the difference we make in our clients’ lives. If you were hurt as a pedestrian due to the negligence of someone else, we want to hear your story. You may be entitled to compensation for your physical, financial, and emotional losses.
We take personal injury cases personally. When you choose Fromen Injury Law, you become more than just our client, you become part of our family – and we fight for you like family.
Don’t postpone justice another day. Contact Fromen Injury Law today online or at 716-855-1222 for a FREE case evaluation. We proudly serve clients from Buffalo and across New York. We handle cases on a contingency fee basis, which means that we don’t get paid unless we achieve a favorable outcome in your case.