Buffalo Pedestrian Accidents Lawyer 

Pedestrian accidents have been increasing in number for decades. The chance that a pedestrian could be injured or killed in Buffalo, NY, is high. At O’Brien & Ford Buffalo Car Accident and Personal Injury Lawyers, our Buffalo pedestrian accident lawyers are ready to fight for your rights. Call us at (716) 222 2222.

We represent injured victims and their families in personal injury claims seeking compensation for devastating injuries and wrongful deaths.

Our Buffalo personal injury lawyers have more than 78 years of combined legal experience handling personal injury cases. At O’Brien & Ford Buffalo Car Accident and Personal Injury Lawyers, our lawyers utilize their experience and resources to recover life-changing settlements and verdicts. We have recovered millions of dollars for our clients.

Learn more about how we can help you with a pedestrian accident claim in Buffalo, New York. Contact our office today to schedule a free consultation with one of our Buffalo pedestrian accident lawyers.

How Common Are Pedestrian Accidents in Buffalo, NY?

The GHSA estimates that 7,508 people were killed in pedestrian accidents in 2022, the highest number of annual pedestrian deaths since 1981. Pedestrian deaths are increasing faster than all other traffic fatalities combined.

When a pedestrian is struck by a car, the individual’s body receives the full force of the impact. There is nothing to protect the pedestrian from injuries. In many cases, the person is thrown or crushed beneath the vehicle.

As a result, pedestrian accidents cause catastrophic injuries and life-threatening conditions. In many instances, the victim sustains permanent impairments and life-altering disabilities because of the collision.

Common Causes of Pedestrian Accidents in Buffalo, NY

Pedestrians have a duty to follow pedestrian traffic laws and use reasonable care to avoid accidents. However, negligent drivers cause pedestrian accidents even when pedestrians take care each time they walk near traffic.

Common reasons for Buffalo pedestrian accidents include:

As the victim, you have the burden of proving the elements of a negligence claim to recover compensation for damages. You must prove that the driver had a duty of care and breached the duty of care. The breach of duty must have been the proximate and direct cause of the accident. As a result of the accident, you sustained injuries and damages.

Our Buffalo pedestrian accident lawyers at O’Brien & Ford Buffalo Car Accident and Personal Injury Lawyers have decades of experience building solid cases for fault and liability. We understand the rules of evidence and how to use evidence in a case to make a compelling argument for maximum compensation for victims.

Common Injuries in Pedestrian Accidents

In Buffalo, people walking on the streets are usually involved in accidents because they are more prone to get hurt. The most common injuries are:

  • Traumatic Brain Injuries: TBIs happen when the head receives a strong blow. This can result in damage to the brain that can manifest over time.  
  • Spinal Cord Damage: Injury done to the spinal cord can result in paralysis, either complete or partial, which creates a need for rehabilitation that can change the victim’s quality of life for the worse.  
  • Broken bones: A collision can cause severe fractures on the legs, arms, and ribs that come with several consequences like lengthy recovery periods.   
  • Soft tissue: Soft tissue injuries include strains and sprains of muscles, ligaments, and tendons. They cause significant discomfort and limit movement.  
  • Abrasions and Lacerations: Deeper cuts or scrapes caused by contact with a vehicle or the ground can become infected or scarred.

Understanding the Rights and Responsibilities of Pedestrians in Buffalo

New York State law grants pedestrians certain rights and responsibilities to ensure everyone’s safety, along with Buffalo’s local ordinances and regulations:

  • Right of Way at a Crosswalk: Pedestrians have the right of way at marked and unmarked crosswalks. For their safety, vehicles are expected to give way to people traversing the street within the crosswalks. 
  • Responsibilities at Traffic Lights: Pedestrians must observe and follow control signals. They cannot walk while the signal says, “Don’t Walk,” which can be harmful.
  • Crossing at Non-Crosswalk Locations: When crossing at points apart from crosswalks, pedestrians must yield the right-of-way to all vehicles on the roadway. ​
  • Use of Sidewalks: Walking on the roadway when sidewalks are available is discouraged and may be unlawful. ​

How Fault Is Established in a Pedestrian Accident

When determining responsibility in a pedestrian accident, the driver’s actions and those of the pedestrian are considered.

  • Driver’s Duty of Care: Drivers have to be careful enough to prevent hitting a pedestrian. They may contract negligence if they do not try to slow down or focus.
  • Pedestrian’s Responsibilities: Pedestrians must respect traffic laws, such as using a crosswalk and waiting for specific signs. They can be seen as negligent if they do not follow these rules. ​
  • Comparative Negligence: New York uses a mixed negligence law, which implies that if both parties made errors, the money given out to the pedestrian can be lowered by the amount of blame given to them.

Establishing fault requires a thorough investigation, including:

  • Gathering Evidence: Collecting witness statements, traffic camera footage, and police reports to reconstruct the accident scene.
  • Analyzing Traffic Laws: Reviewing relevant statutes to determine any violations by either party.

Consulting a Buffalo pedestrian accident lawyer is essential for managing this complex process and advocating for the victim’s rights.

What Is My Pedestrian Accident Case Worth? 

The value of your pedestrian accident case in Buffalo, NY, will likely depend on the following: 

  • The severity of your injuries 
  • Property damage
  • Medical treatment required 
  • Time missed from work 
  • Ability to return to work 
  • The impact of the pedestrian accident on your quality of life 

A skilled pedestrian accident attorney can help you accurately assess what your case is worth and pursue all available compensation. 

What Damages Can I Receive for a Pedestrian Accident in Buffalo, NY?

New York personal injury laws allow victims to seek compensation for their financial losses (economic damages) and their suffering (non-economic damages). In some cases, juries may award punitive damages to punish a defendant for their wrongdoing.

Examples of damages in a pedestrian accident claim include:

  • The cost of medical treatment, including future medical bills for life-long impairments
  • Physical pain and suffering
  • Out-of-pocket expenses, including personal care and household help
  • Emotional distress and mental anguish
  • Lost wages, including benefits and reduced earning capacity
  • Property damage
  • Loss of enjoyment of life and diminished quality of life
  • Rehabilitative therapies, including occupational and physical therapy
  • Scarring and disfigurement
  • Long-term nursing and/or personal care
  • Impairments and disabilities

Our lawyers meticulously document your damages to ensure we seek verdicts and settlements for the total value of your claim. We often work with medical specialists, vocational experts, financial professionals, and other experts to estimate future damages when a victim sustains a life-long injury.

Can I Receive Compensation for a Buffalo Pedestrian Accident if I’m Partial to Blame for Causing the Accident?

Comparative negligence is a legal standard for apportioning damages in a personal injury case. A few states bar victims from recovering any damages if they are in any way responsible for causing their injuries.

New York is not one of those states. Instead, New York’s comparative negligence statute states that comparative negligence does not bar recovery of damages. However, it does impact the amount you can recover for a personal injury claim.

If you are partially at fault for causing a pedestrian accident, your compensation can be reduced by your level of fault. For example, suppose a jury awards you $1 million for damages in a pedestrian accident lawsuit.

However, the jurors decided you were 50% to blame for causing the crash. Therefore, instead of receiving a million dollars, the court reduces the amount to $500,000 (50% of the total award).

Insurance companies often blame accident victims for contributing to their injuries. The company shifts the blame to the victim to lower the value of the claim.

Our Buffalo pedestrian accident attorneys are prepared for this common insurance tactic. We fight back with evidence and legal grounds to hold the driver responsible for all damages caused by their negligence and wrongdoing.

What to Do After Being Injured in a Pedestrian Accident

If you’re injured in a pedestrian accident in Buffalo, it’s crucial to take the following steps:

  1. Seek Immediate Medical Attention: Even if injuries seem minor, consult a healthcare professional to document and treat any harm.​

  2. Report the Accident: Contact local law enforcement to file an official accident report, which can serve as vital evidence.​

  3. Gather Information: Collect the driver’s and witnesses’ contact details and note the vehicle’s make, model, and license plate number.​

  4. Document the Scene: Take photographs of the accident scene, your injuries, and any relevant traffic signals or signs.​

  5. Avoid Making Statements: Refrain from discussing the accident or admitting fault to anyone other than your attorney.​

  6. Consult a Buffalo pedestrian accident lawyer: Engage a legal professional experienced in handling pedestrian accident cases to guide you through the legal process and protect your rights.

Deadline for Filing a Pedestrian Injury Claim in Buffalo

In New York, the statute of limitations for filing a personal injury claim, including pedestrian accidents, is generally three years from the incident date. This means you have a three-year window to initiate legal proceedings; failing to do so within this period can result in losing the right to seek compensation.​

However, certain circumstances can alter this timeframe:​

Claims Against Government Entities: 

If the accident involved a government vehicle or occurred on government property, a notice of claim must typically be filed within 90 days, and the lawsuit must be filed within one year and 90 days.​

Minor Victims: 

If the injured pedestrian is a minor, the statute of limitations may be extended until they reach the age of 18.​ Given these nuances, it is advisable to consult with a Buffalo pedestrian accident lawyer immediately to comply with all legal deadlines and preserve your right to compensation.

What Is the Statute of Limitations for a Pedestrian Accident Claim in Buffalo, NY?

The New York statute of limitations sets the deadline for filing personal injury claims. Most car accident claims must be filed within three years from the accident date, including pedestrian accidents. Failing to file a claim before the time expires can result in a dismissal of your lawsuit. You would be unable to pursue a court claim for damages.

It is important to note that exceptions to the statute of limitations and factors in your case could change the filing deadline for claims and lawsuits. Therefore, we strongly recommend that you contact our office today to speak with our Buffalo pedestrian accident lawyers about your case.

How Much Does It Cost to Hire a Buffalo Pedestrian Accident Lawyer?

Our attorneys at O’Brien & Ford Buffalo Car Accident and Personal Injury Lawyers take cases for a contingency fee. A contingency fee means you don’t pay anything upfront to hire our law firm. You only owe attorneys’ fees once we recover a settlement or jury verdict. Our fees are deducted from the amount we recover for your case. The contingency fee is based on a percentage we agree upon when you hire the law firm.

How Our Buffalo Personal Injury Lawyers Can Help You With a Pedestrian Accident Claim in New York

How Our Buffalo Personal Injury Lawyers Can Help You With a Pedestrian Accident Claim in New York

If you were hit by a car, you likely sustained severe injuries. You incurred medical bills, lost wages, pain, and suffering because of a negligent driver. New York’s personal injury laws allow you to pursue a claim against the at-fault driver for damages. However, you have the burden of proving the driver was at fault.

Experience matters when you hire a Buffalo personal injury lawyer. Our exceptional legal team is dedicated to advocating for injured victims and their families. Our top-rated New York personal injury lawyers are recognized and highly rated by numerous legal organizations, including Super Lawyers, Martindale-Hubbel, Million Dollar Advocates Forum, and Legal Elite. We have a perfect 10.0 Superb rating with Avvo.

When you hire our top-rated personal injury lawyers in Buffalo, NY, you can expect us to:

  • Conduct a thorough investigation to determine the cause of your pedestrian accident
  • Gather evidence proving the driver was at fault, including working with leading experts as needed
  • File insurance claims and handle all communications with the insurance company
  • Determine how much your pedestrian accident claim is worth after documenting our injuries and damages
  • Defend you against allegations that you are responsible for causing the accident
  • Aggressively negotiate personal injury settlements that compensate you fairly for your damages
  • File a personal injury lawsuit and take your case to court if necessary

Our attorneys are seasoned trial litigators and skilled negotiators at O’Brien & Ford Buffalo Car Accident and Personal Injury Lawyers. We have the resources and experience to pursue complex personal injury cases. We leverage our decades of experience to get you the money you deserve after a tragic accident.

Let our Buffalo car accident lawyers handle the insurance company and the legal matters so you can focus on your recovery. Contact us to schedule a free case evaluation with an experienced Buffalo pedestrian accident lawyer.

We’ll Fight to Recover Compensation for All of Your Pedestrian Accident Injuries 

Common injuries our attorneys handle in pedestrian accident cases include:

  • Crushed, fractured, and broken bones
  • Traumatic brain injuries
  • Internal bleeding and organ damage
  • Spinal cord injuries, including paralysis
  • Neck and back injuries
  • Amputations and loss of limbs
  • Soft tissue injuries and nerve damage
  • Crushing injuries
  • Severe disfigurement and scarring

Immediate medical treatment is often required when a pedestrian is struck by a vehicle. It is crucial to your case that you seek prompt medical care. Medical records are critical evidence in a pedestrian accident claim to prove that the crash caused your injuries. Also, delays in medical care could give the insurance company a reason to question your injuries.

Schedule a Free Consultation With Our Buffalo Pedestrian Accident Lawyer

Call O’Brien & Ford Buffalo Car Accident and Personal Injury Lawyers, to schedule a free case review with an experienced Buffalo pedestrian accident attorney. We proudly serve al throughout Erie County, New York and surrounding areas. We’ll fight to get you the compensation you deserve and need as you continue to recover from your accident. 

Practice Areas We Manage in Buffalo, NY

Visit Our Personal Injury Law Office in Buffalo, NY

O’Brien & Ford Buffalo Car Accident and Personal Injury Lawyers
4549 Main St Suite 201 Buffalo, NY 14226
Phone: (716) 222-2222
Opening Hours: From 7:00 am to 7:00 pm
7 days a week

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