Pedestrians have the right to walk through their cities, towns, and rural areas around the country safely. When motorists refuse to share the road, the consequences are often tragic.
At Towey Law, PLLC, our Buffalo pedestrian accident attorneys understand the devastating consequences negligent or careless drivers can cause. If you or a loved one has been seriously injured in a pedestrian accident, call our Buffalo car accident lawyers and personal attorneys offices to discuss your case today.
You can schedule a free case evaluation with an attorney for pedestrian accidents in Buffalo by calling (716) 300-8232.
Why Hire A Buffalo Pedestrian Accident Lawyer From Towey Law?
The success of a pedestrian accident claim largely depends on the skill and experience of your representation. At Towey Law, PLLC, our lawyers:
- Provide responsive communication to ensure our clients’ needs are met
- Offer free case evaluations to assess the goals of our clients
- Aggressively defend our clients’ rights in all our Buffalo personal injury cases
How an Experienced Pedestrian Accident Lawyer Will Help Your Claim
Filing a pedestrian accident claim is not as straightforward as it would seem. In many cases, the negligent driver may challenge their liability. A motorist may claim the injured pedestrian also acted negligently and is not entitled to compensation for the following reasons:
- The pedestrian failed to use the appropriate walkways or crosswalks.
- The pedestrian was under the influence and could not make clear judgments.
- In the absence of a clear crosswalk, the pedestrian acted recklessly and ignored the dangers of oncoming traffic.
- The pedestrian acted negligently by running across the road, wandering in and out of traffic, or jaywalking.
An experienced Buffalo personal injury attorney can protect your right to damages and advocate aggressively on your behalf. We will help you avoid common mistakes that may hurt your claim, including:
- Missing doctor’s appointments
- Failing to pick up prescriptions
- Failing to follow a doctor’s advice or orders
- Allowing your statements to be recorded
- Signing a medical release authorization for the insurance company
You can trust the legal counsel of our experienced and skilled pedestrian accident attorneys.
How Common Are Pedestrian Accidents in Buffalo, New York?
Thousands of pedestrians are injured every year. In many cases, serious injuries prove fatal. In the last reporting year:
- 5,977 pedestrians were fatally struck in traffic collisions.
- Approximately 137,000 pedestrians were injured.
- 47 percent of pedestrian accidents involved alcohol.
- 20 percent of pedestrian deaths are children or adults over 65 years of age.
Pedestrians are particularly vulnerable to traffic accidents. According to the same report conducted by the CDC, higher vehicle speeds, intersections, and low visibility are major contributing factors.
What Injuries Are Most Common to Pedestrian Accidents?
Pedestrians struck by motor vehicles often suffer serious and life-threatening injuries, including:
- Spinal cord injuries
- Brain injuries
- Internal injuries and organ damage
- Crush injuries
- Loss of limb and amputations
- Broken, fractured, and dislocated bones
If someone you know has died following a pedestrian accident, contact our wrongful death lawyers in Buffalo immediately.
How Does New York Determine Fault in Pedestrian Accidents?
In order to secure compensation after a pedestrian accident in Buffalo, victims (or their legal team) have to establish liability. Determining the liability of another party is challenging and involves obtaining as much evidence as possible. Not every pedestrian accident claim is exactly alike, and the types of evidence needed for one particular incident will likely look different than the types of evidence needed for another type of pedestrian collision incident. However, some of the evidence that our team typically uses to prove liability in these cases includes:
- Any video surveillance footage of the incident (from buildings, businesses, or dashcams)
- Photograph taken at the scene of the incident
- Statements from any eyewitnesses or from those involved
- The police report
- Information provided by an accident reconstruction expert
- Vehicle black box data or mobile device data
The goal of obtaining all of this evidence is to show that the alleged negligent party more likely than not caused the pedestrian accident injury. Our Buffalo pedestrian accident attorneys will seek to show that the other party owed you, the pedestrian, a duty of care and that they somehow breached their duty and caused you harm.
Compensation Claims for a Pedestrian Accident in Buffalo
There may be various types of compensation available for victims of Buffalo pedestrian accidents. Keep in mind that New York is a no-fault insurance state, and pedestrians will likely turn to their own insurance or the insurance policy of someone in their household to recover compensation after a pedestrian accident occurs. At least, that is the first route towards securing compensation.
However, incidents that cause serious injuries may rise above the no-fault “serious injury threshold,” allowing individuals to file a civil personal injury lawsuit against the alleged negligent party.
Economic damages along with non-economic damages may be available for your particular pedestrian accident claim. This can include, but is not limited to, compensation for the following:
- Emergency medical bills
- Ongoing doctor or hospital costs
- Rehabilitation, physical therapy, or prescription medications
- Coverage of any medical devices needed
- Lost wages if you are unable to work while you recover
- Loss of future earning potential if a disability prevents you from earning the same amount of income
- Property damage losses
- Physical, psychological, and emotional pain and suffering damages
- Loss of quality of life damages
There is no set amount of compensation paid to pedestrian accident victims in Buffalo. No-fault personal injury protection could provide up to $50,000 worth of medical bill expense coverage, but there aren’t limitations on how much compensation a person can recover if a personal injury lawsuit against an at-fault party is successful.
As your pedestrian accident lawyers, it is our goal to help adequately calculate your total losses. We will work with trusted medical and economic professionals to examine your situation, look at all of your expenses, and properly crafted an adequate demand to the insurance carriers and at-fault party.
What Should You Do After Being Injured in a Pedestrian Accident?
After a pedestrian accident occurs in Buffalo, there are various steps victims can take to help preserve the integrity of their claim while also ensuring their own well-being. These steps may not happen in this exact order, but we encourage you to do the following:
- Seek medical care and continue treatment. Individuals must seek medical care soon after a pedestrian accident occurs. If injuries are severe, medical care should happen immediately. However, even when injury signs and symptoms are not severe, pedestrian accident victims should go to the hospital right away. This helps establish a strong link between any injuries that occur and the incident.
- Make sure a police report is filed. The police need to come to the scene of a pedestrian accident. Not only can they help conduct an initial investigation and handle any criminal citations, but they will also fill out an accident report that you will need when you seek to recover compensation.
- Document the scene and gather evidence if possible. Pedestrian accident victims should try to keep all documentation and evidence related to the incident. This includes, but is not limited to, photographs, video surveillance footage, any damage to property or clothing, and information related to eyewitnesses. Additionally, any medical bills or proof of lost wages should be presented to your attorney.
- Contact an attorney. A pedestrian accident lawyer in Buffalo can help examine every facet of your case and get involved quickly so they can obtain the evidence needed to determine liability.
- Stay off of social media. We strongly encourage individuals to stay off of social media, particularly when it comes to posting about the incident. Anything you say online could ultimately get used against you by the insurance carriers or in court.
How Can Drivers Help Prevent Pedestrian Accidents?
Drivers can and should take any steps possible to prevent pedestrian accidents from occurring. Some of these steps can include:
- Stay alert at all times. Distractions, whether inside or outside the vehicle, can impair a driver’s ability to react in time to prevent an accident. Keeping eyes on the road and avoiding phone use or other distractions is crucial, especially in areas with high pedestrian traffic.
- Yield to pedestrians at crosswalks. Even if the light is in your favor, if pedestrians are present or attempting to cross, give them the right of way. It’s not just courteous—it’s the law to give pedestrians the right of way in many places, including New York State.
- Observe speed limits. Speeding increases both the likelihood of an accident occurring and the severity of any injuries sustained. Following speed limits, especially in residential areas and school zones, is vital for pedestrian safety.
- Be cautious when backing up. Parking lot accidents are common, but they can be prevented by checking mirrors and blind spots carefully when reversing. Slow down and be prepared to stop for pedestrians.
- Never assume a pedestrian sees you. Making eye contact with pedestrians before proceeding can ensure they’re aware of your presence. However, always proceed with caution, even if you think you’ve been seen.
Contact A Buffalo Pedestrian Accident Attorney Today
If you or a loved one has suffered serious injuries due to a negligent driver, our pedestrian accident attorneys in Buffalo can help you obtain the justice you deserve.
Schedule a free consultation with a Buffalo pedestrian accident lawyer today by clicking here or calling (716) 300-8232.