If A Pedestrian Walking Along The Road Is Hit By A Car, Is The Driver Always Liable In Buffalo?

by Friedman & Ranzenhofer, PC on August 12, 2015

in Buffalo Injury Questions and Answers

Buffalo accidents involving a pedestrian struck by a car can involve truly serious physical injury to the pedestrian.

Drivers are expected to watch out for pedestrians under all circumstances.

Whether the driver is legally liable for the accident, however, depends on the circumstances surrounding the collision.

In areas where there is no sidewalk, New York has specific laws regarding the responsibilities of both drivers and pedestrians.

A pedestrian walking in an area without sidewalks is required to walk upon the left side of the road so that they are facing traffic.

He or she is also expected to stay as far left as possible so as to avoid obstructing vehicular traffic.

Drivers of motor vehicles also have duties to pedestrians in this situation.

They are required to exercise due care to avoid colliding with a pedestrian and, when necessary, to give warning by sounding the vehicle’s horn.

While failure to follow these rules does not automatically make the driver or the pedestrian wholly responsible for the collision, failure to obey traffic laws is a strong factor in determining who is responsible for causing an accident.

Whether the pedestrian, the driver, or both were negligent in causing the pedestrian’s injuries requires an analysis of all the factors that led to the collision.

When determining whether to proceed with a claim against the driver, it is helpful to have an experienced personal injury lawyer who knows how to properly analyze the case.

If you have been injured by a car and need legal advice, please feel free to call us at 716-631-9999.

We would be happy to answer your questions.

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