If I Was Hit While Walking Along The Road, Is The Driver Automatically At Fault?

by Friedman & Ranzenhofer, PC on July 2, 2012

in Buffalo Car Accidents

There are specific laws governing the responsibility of the driver and the pedestrian in Buffalo personal injury lawsuits involving car-pedestrian collisions.  When a pedestrian is walking along the side of a road that has no sidewalk, both drivers and pedestrians are expected to follow these rules or they may be found negligent in a personal injury lawsuit.

New York State law requires all drivers to exercise due care to avoid colliding with a pedestrian and to give warning by sounding his or her horn when necessary.  A pedestrian walking in an area without sidewalks, however, is required to walk upon the left side of the road – facing traffic – and to move to the left as far as possible to avoid traffic.

Failure to follow these rules does not automatically make the driver or the pedestrian wholly responsible for the collision.  Instead, all of the circumstances surrounding the motor vehicle accident must be weighed, and both parties may be found to bear part of the responsibility.

If you or a loved one has been injured by a car, please do not hesitate to call us at 716-542-5444.  We would be happy to answer your questions.

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