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Pedestrian Accidents Near Crosswalks in Buffalo, NY: Who Is Responsible?

Published October 16, 2024 by David Wolff
Pedestrian Accidents Near Crosswalks in Buffalo, NY: Who Is Responsible?

Determining liability in pedestrian accidents near crosswalks in Buffalo, NY, is often difficult. A driver, a pedestrian, and even the city of Buffalo can all share responsibility for accidents near crosswalks.

Were you injured during a recent pedestrian accident in Queen City? Hire a pedestrian accident lawyer in Buffalo, NY, right away to help you determine who was at fault so you can consider taking further legal action against the responsible party.

When Drivers Are Responsible for Pedestrian Accidents in Buffalo, NY

Drivers in Buffalo, NY, have a legal duty of care to other drivers and pedestrians when they climb behind the wheels of their vehicles. They must practice caution at all times by:

  • Following local traffic laws
  • Obeying the speed limit
  • Remaining alert
  • Driving sober
  • Yielding the right of way to other drivers and pedestrians

If the driver involved in your pedestrian accident failed to exercise reasonable care in the moments leading up to it, they may bear the brunt of the responsibility. A pedestrian accident lawyer in Buffalo, NY, can investigate your crash and look for signs that point to driver negligence.

Examples of negligence on the part of a driver include:

  • Speeding
  • Distracted driving
  • Driving under the influence

Nearly 70,000 pedestrians are injured during accidents involving motor vehicles each year, according to the National Highway Traffic Safety Administration. Driver negligence is to blame for many of them.

When Pedestrians Are Responsible for Accidents Near Crosswalks in Buffalo

If you were hit by a vehicle during a pedestrian accident in Buffalo, you might automatically assume the driver who struck you was responsible. However, pedestrians can share some of the blame or even take all of the blame for pedestrian accidents.

Just like drivers have a legal duty of care to others while out on the road, pedestrians are responsible for exercising reasonable care when crossing streets. They must:

  • Use designated crosswalks when crossing streets
  • Follow the “Walk” and “Don’t Walk” traffic signals
  • Stay alert while walking across streets

If you fail to practice caution when crossing a street in Buffalo — even while using a crosswalk — you may have to accept responsibility for a pedestrian accident. A pedestrian accident lawyer in Buffalo, NY, will let you know when this could be the case.

When the City Is Responsible for Buffalo Pedestrian Accidents

When it comes to crosswalk liability in pedestrian accident cases, drivers and pedestrians are typically the two parties found responsible for these types of crashes. However, the city of Buffalo could also be held responsible for pedestrian accidents.

An experienced pedestrian accident lawyer in Buffalo, NY, will investigate the possibility of city liability. You can take legal action against the city in certain cases if:

  • A traffic signal was malfunctioning at the time of your pedestrian accident
  • Your traffic accident occurred in a poorly designed-intersection
  • The crosswalk markings on the street you crossed were fading or even missing altogether

Buffalo is responsible for maintaining its roads, traffic signals, and crosswalk markings. If the city fails to do this and a pedestrian accident occurs, consider filing a claim against the local government.

Contact Us To Talk About Your Legal Options With a Pedestrian Accident Lawyer in Buffalo, NY

Do you need assistance determining who was at fault for a pedestrian accident you were involved in? A pedestrian accident lawyer in Buffalo, NY, from Cantor, Wolff, Nicastro & Hall LLC, can help you determine who was to blame and explain complicated concepts like pure comparative negligence. Call us at 716-848-8000 or fill out our online form to schedule a consultation.

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