Pedestrian Personal Injuries Resulting from Car Accidents

September 24, 2013

Every year in Western New York, many pedestrians suffer personal injury as a result of being struck by a car while crossing the street.  If you have been hit by a car while crossing the street, you may be entitled to compensation.  It is important, however, to know whether you or the driver is at fault.  According to the law in New York, both the driver and pedestrian have to exercise some degree of care when using the roadway.  A driver or pedestrian who fails to fulfill this duty may be considered liable should an accident result.

There are several ways a pedestrian can be found at fault in a personal injury accident.  If a pedestrian crosses outside the crosswalk or chooses to jaywalk, he or she may not have the right of way.  Typically, roadways are marked with crosswalks where the pedestrian may have the right of way.  A pedestrian who does not use a crosswalk is held to a higher standard to protect his or her own safety and is required to yield to traffic.  A pedestrian who crosses while ignoring traffic signals may also be negligent.  Another way a pedestrian may be found negligent is if he or she suddenly moves into the street unexpectedly, making it difficult for the driver to stop in time.

There are several ways drivers can be at fault as well.  Drivers are required by law to exercise due care to protect pedestrians.  This applies regardless of whether a pedestrian is in a crosswalk.    When a pedestrian is already in a crosswalk, a driver is required to yield the right of way and stop.

If you have been involved in a pedestrian personal injury accident in Buffalo or Western New York, we can help you.  Call us at 716-400-0000.