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Buffalo Pedestrian Accident Lawyer
Representation When Buffalo’s Most Vulnerable Road Users Are Injured by Cars
Unfortunately, a pedestrian is no match for a moving car, SUV, truck, or other vehicle. As a result, pedestrian accidents are some of the most devastating in terms of severe injuries, even if the involved vehicle was traveling at a relatively modest speed. If you were injured in a pedestrian accident in Buffalo, you may be facing mounting medical bills, missed time from work, insurance disputes, and questions about who may be responsible. At O’Brien & Ford, we’re a local, trial-ready firm that has more than 84 years of combined legal experience. Our team gives injury victims the attention they need after experiencing a devastating, potentially life-altering accident. If you call us now, you’ll be on the phone with a lawyer in two minutes. No fee. No obligations. Just a chance to get answers to the questions you’ve been wanting to ask.
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More than $100 million recovered in verdicts and settlements for those injured in New York.
How We Can Help
- Why Choose O’Brien & Ford for Your Buffalo Pedestrian Accident Case?
- How Does No-Fault Insurance Work for Pedestrians in New York?
- Who Has the Right of Way in a New York Pedestrian Accident?
- How Do Buffalo Pedestrian Accidents Happen, and How Is Fault Proven?
- What Compensation Can You Recover After a Pedestrian Accident?
- How Long Do You Have to File a Pedestrian Accident Claim in New York?
- What Should You Do After Being Hit by a Car in Buffalo?
- Do You Have a Buffalo Pedestrian Accident Lawyer Near Me?
- Frequently Asked Questions About Buffalo Pedestrian Accidents
- Speak With a Buffalo Pedestrian Accident Lawyer Today
Why Choose O’Brien & Ford for Your Buffalo Pedestrian Accident Case?
At O’Brien & Ford, we believe your lawyer should know your name. We intentionally limit the number of cases each of our lawyers can take on at a time. By capping the number of cases we handle, we can put in the time and effort necessary to really understand your case. We aren’t measuring success by the number of claims we take on, but by our ability to deliver meaningful results for our clients.
Both of our name partners are recognized in The Best Lawyers in America® for plaintiffs’ personal injury litigation: Chris O’Brien since 2012 and John P. Ford since 2019.
With more than 84 years of combined legal experience, we are a trial-ready team that is prepared to represent clients in high-stakes, complex pedestrian claims. This helps you because, in these cases, fault may be disputed; insurers may argue you crossed improperly or entered traffic unexpectedly; and the opposition will often claim that your damages are far lower than they really are. After all, the costs related to serious pedestrian injuries quickly add up, with medical bills and missed work creating serious financial losses. Insurers and defense counsel will be looking to limit their exposure. When this happens, you need someone in your corner to push back. Call us and learn how we can fight for you and your future.
Testimonials
What Our Clients Say About Us
“When I unfortunately was in a car accident I called on Chris O’Brien and his law firm. They not only took care of everything and answered every question I asked, Chris and his law firm treated me like family. I would not think twice to use them again, if you are ever in need of a excellent law firm that treats you like actually matter, go with Chris O’Brien and his law firm.”
“Back in 2017 I was involved a major car accident that left me with back injuries. Afterwards, I went to a couple big name attorneys and they all denied my case for reasons unknown. This left me feeling down and out with amd in an unfortunate situation, but that was until I called O'Brian & Ford. My case was picked up and accepted by the wonderful, Mr. John Ford, and my lawsuit began. He fought for me for almost 3 years without giving up and my case was FINALLY settled and I was rewarded way beyond what I ever thought I can be. I HIGHLY RECOMMEND O'BRIEN & FORD 100%!!!”
“I was looking for the best car crash lawyer in Buffalo and was referred to Chris O’Brien by numerous colleagues. Was very impressed with the outcome and professionalism. After a life altering injury you really need to lock down an attorney ASAP. The O’Brien & Ford team really pulled through for me and my family!”
How Does No-Fault Insurance Work for Pedestrians in New York?
New York’s no-fault system can cover pedestrians injured by vehicles. The law specifically includes pedestrians in the definition of “covered persons.” New York also requires covered auto policies to provide first-party benefits to pedestrians who are injured by an insured vehicle. However, those no-fault benefits deal primarily with covered economic losses. Under the current statute, this generally means that the no-fault coverage can offer up to $50,000 per person to cover qualifying medical expenses, lost earnings, and certain other losses.
While those policies can offer some much-needed resources, they may not cover everything. Injured pedestrians may be able to bring a separate liability claim against another covered person for pain and suffering if they suffered a serious injury as defined by statute.
Who Has the Right of Way in a New York Pedestrian Accident?
Drivers have a duty to exercise due care and avoid colliding with pedestrians. There are factors in play that could indicate a driver is more or less culpable for a pedestrian accident and the resulting injuries. Here are some of the issues that may arise in these cases.
Pedestrians in crosswalks
If a pedestrian is in a crosswalk, and there aren’t traffic controls (like walk/don’t walk signs), drivers must yield. However, pedestrians cannot leave the curb or a safe place if a vehicle is too close to yield. Additionally, if a driver stops to yield to a pedestrian, another driver cannot pass or drive around that vehicle.
Pedestrian signals
If an intersection is controlled by walk/don’t walk signals, then the pedestrian has the right of way when the walk sign is on. If the sign is flashing or the don’t walk sign appears, the pedestrian has the right to complete their crossing, but they should not begin to walk across the road.
Crossing outside a crosswalk
The law requires that pedestrians crossing outside of marked or unmarked crosswalks yield to vehicles. However, don’t think that crossing in these circumstances will automatically prevent an injured pedestrian from bringing a successful claim. Drivers still owe a duty of due care, and there are many factors that can influence the outcome of such a case.
How Do Buffalo Pedestrian Accidents Happen, and How Is Fault Proven?
Sadly, pedestrian accidents continue to be a problem throughout New York State. In fact, 2024 New York data recorded 14,878 crashes involving pedestrians, 14,320 of which resulted in injuries; 289 were fatal. Some of the causes of these accidents include:
- A driver fails to yield while turning (especially if they are turning right on red)
- A driver is distracted, potentially by a phone or electronic device, but also by something as simple as changing the radio station
- A driver is speeding, increasing the risk of a collision and the severity of resulting injuries
- A driver violates traffic controls, such as red lights or stop signs
- A driver is backing out of a driveway or parking space and doesn’t see a pedestrian behind them
- A driver is impaired by alcohol or drugs
- Someone is driving while there is poor visibility that makes it harder to see a pedestrian, such as at night or in bad weather
- A driver is traveling in a large vehicle, such as a commercial truck or bus, which has large blind spots
In Buffalo and Western New York, winter weather can be a major factor as well. However, snow, rain, and other inclement weather are not an excuse for a crash. Drivers are meant to adapt to such conditions, such as by slowing down.
The importance of collecting evidence early
If you’re injured in a pedestrian crash, you need to start collecting evidence as soon as possible. Getting witness statements, the crosswalk and traffic-signal timing, surveillance or dashcam videos, photos, cell phone records, and other critical information is much easier when you start soon after the crash. The longer you wait, the more likely it is that videos will be overwritten, witnesses will start to forget details, and other evidence will become harder to obtain. Working with a lawyer early on can help you get what you need. Our attorneys can also help you gather other information relevant to your claim, such as hospital and ER records, and determine whether we need to work with medical or accident-reconstruction experts to build a strong case.
Potential defendants
If you were injured in a pedestrian accident in Buffalo, there are several potentially liable parties, including:
- The negligent driver
- A vehicle owner (when different from driver)
- An employer if the driver was acting within the scope of employment
- A government or public entity in certain cases involving roads, signals, or government vehicles
What Compensation Can You Recover After a Pedestrian Accident?
Compensation after a Buffalo pedestrian accident depends largely on the nature and severity of your injuries. Damages are divided into different categories.
Economic losses may include:
- Medical treatment
- Surgery and hospitalization
- Rehabilitation
- Future medical care
- Lost wages
- Reduced future earning capacity
- Necessary personal/home care
- Other qualifying out-of-pocket losses
Non-economic losses, when legally recoverable, may include compensation for:
- Pain and suffering
- Emotional distress
- Disability
- Scarring and disfigurement
- Loss of enjoyment of life
- Loss of consortium where applicable
Common pedestrian injuries
Pedestrians can sustain all sorts of severe harm. Some of the more common injuries we see include:
- Traumatic brain injuries
- Neck and back injuries
- Spinal cord injuries
- Multiple fractures
- Internal injuries
- Crush injuries
- Amputation
- Scarring and disfigurement
- Other catastrophic injuries
When it comes to determining your case value, it may be affected by factors such as the injury’s severity and permanence, future projected treatment costs, your ability to work, how much your daily life was impacted, the strength of the evidence, and whether you are partially at fault for the accident. With so many potential factors influencing your case, it’s impossible to predict the value of your claim until we’ve analyzed everything carefully. Your first step is to speak with us and share the information you have so we can determine the next steps.
How Long Do You Have to File a Pedestrian Accident Claim in New York?
Depending on the specific facts, the amount of time you have to file a claim can vary. In a general personal-injury lawsuit, you typically have three years to bring your case. In wrongful death cases, the decedent’s personal representative typically has two years from the date of death to file a case. When government or public corporations are defendants in a case, there are additional time limits to be mindful of. A notice of claim may be required within 90 days, and certain actions must be commenced within one year and 90 days. Your best bet is to speak with a lawyer right away. We can help keep track of deadlines to preserve the viability of your claim.
What Should You Do After Being Hit by a Car in Buffalo?
If you were struck by a vehicle in Buffalo, you need to seek medical help as soon as possible. Some injuries may not appear right away, and others might be far more serious than you initially suspect. If you’re able to, call 911 and get emergency responders to the scene. Also, collect contact information and photograph the scene if possible.
After you’ve received emergency medical care and once you are out of danger, you can start collecting more information to help you recover from the party or parties that are at fault. Your lawyer can help. Once you call us, we can start looking for information to help build your case.
Visit Us
Do You Have a Buffalo Pedestrian Accident Lawyer Near Me?
Yes. O’Brien & Ford has offices at 4549 Main St, Suite 201, Buffalo, NY 14226, and 701 Seneca St, Suite 208, Buffalo, NY 14210. We offer free consultations, and once you call, you’re on the phone with a lawyer within two minutes. If you’re unable to make it to us, we can schedule a video or phone consultation, and sometimes we can arrange to travel to you.
O’Brien & Ford, P.C.
4549 Main Street, Suite 201
Buffalo, NY 14226
701 Seneca Street, Suite 208
Buffalo, NY 14210
Frequently Asked Questions About Buffalo Pedestrian Accidents
What if the driver who hit me left the scene or did not have insurance?
You may still have legal options. Be sure to report the accident right away and get in touch with a lawyer.
What if a car hit me while I was working?
What if the vehicle that hit me was from Canada or another state?
What if I was hit while walking across a driveway or parking-lot entrance?
Speak With a Buffalo Pedestrian Accident Lawyer Today
Pedestrian claims can involve multiple issues, including insurance coverage, right-of-way disputes, severe injuries, and more. At O’Brien & Ford, we can review your case and put our decades of experience to work for you. We’re ready to tackle even the most complex cases, and we’re only a phone call away. Get in touch today and start pursuing the compensation you need.