Erie County, located in the western part of New York State, is a bustling area with a mix of urban and suburban environments. With a growing population and increasing traffic, the potential for car accidents involving pedestrians has become a significant concern. In such cases, understanding the liability and rights of both pedestrians and drivers is crucial for ensuring justice, safety, and accountability.
The Importance of Pedestrian Safety
Pedestrian safety is a shared responsibility that involves both pedestrians and drivers. Erie County, home to cities like Buffalo and suburbs like Amherst, witnesses a high volume of foot traffic due to its diverse range of attractions, educational institutions, and residential areas. This pedestrian activity makes it essential for both drivers and pedestrians to be aware of their respective roles in preventing accidents and ensuring public safety.
Pedestrian Rights and Responsibilities
Pedestrians have specific rights when navigating Erie County’s streets and roadways. According to New York state law, pedestrians have the right of way at marked crosswalks and intersections, regardless of whether they have a traffic signal. This means that drivers must yield to pedestrians in these situations.
Pedestrians also have responsibilities to ensure their safety and the safety of others. They should obey traffic signals and signs, cross at designated crosswalks whenever possible, and avoid jaywalking or crossing in the middle of busy streets. Being attentive, avoiding distractions like smartphones, and making themselves visible through clothing and proper lighting at night are crucial for pedestrian safety.
Driver Responsibilities and Liability
Drivers in Erie County, like all of New York State, have a legal duty to exercise reasonable care to avoid causing harm to pedestrians. This duty applies regardless of whether the pedestrian is within a crosswalk or not. Drivers must yield to pedestrians in marked crosswalks and exercise caution when approaching intersections.
If a driver fails to yield the right of way to a pedestrian in a marked crosswalk or negligently operates their vehicle, resulting in an accident with a pedestrian, they can be held liable for the injuries and damages caused. This liability may encompass medical expenses, lost wages, pain and suffering, and other relevant costs.
Comparative Negligence in New York
New York follows the doctrine of comparative negligence, which means that liability can be divided between parties based on their respective contributions to an accident. This concept applies to pedestrian accidents as well. If a pedestrian’s own negligence contributed to the accident, their potential compensation may be reduced based on the degree of their fault.
If a pedestrian was jaywalking at the time of the accident and the driver was exceeding the speed limit, a court might find both parties partially at fault. If the pedestrian is deemed 20% at fault and the driver 80%, the pedestrian’s potential compensation would be reduced by 20%.
Seeking Legal Counsel
In the aftermath of a car accident involving a pedestrian, it’s essential for both parties to understand their rights and responsibilities. Consulting with an experienced personal injury attorney can provide clarity on the legal aspects of the situation and help ensure fair compensation for injuries and damages.
An attorney can gather evidence, interview witnesses, assess the accident scene, and negotiate with insurance companies to pursue the best possible outcome. Whether you’re a pedestrian seeking compensation or a driver facing liability claims, legal representation can be a valuable asset.
Erie County, NY, with its vibrant urban centers and suburban neighborhoods, is no stranger to car accidents involving pedestrians. Ensuring pedestrian safety requires cooperation between pedestrians and drivers, with each party understanding their rights and responsibilities. By obeying traffic laws, staying attentive, and seeking legal assistance when needed, both pedestrians and drivers can contribute to reducing accidents and creating a safer environment for everyone on the road.
How can Andrews, Bernstein & Maranto, PLLC help you if you have been in a car accident in Erie County, NY
At Andrews, Bernstein & Maranto, PLLC, we understand that being involved in a car accident can be a traumatic and overwhelming experience, especially in Erie County, NY, where the bustling streets can pose unique challenges. If you find yourself in such a situation, our dedicated team of experienced personal injury attorneys is here to guide you through every step of the legal process, ensuring your rights are protected and you receive the compensation you deserve.
Experience and Knowledge
With decades of collective experience, our firm has established itself as a pillar of legal experience in Erie County and the surrounding areas. We have an in-depth understanding of the local laws, regulations, and court systems, which allows us to provide you with the best possible legal representation tailored to your specific circumstances.
Comprehensive Case Evaluation
When you reach out to us after a car accident, our first priority is to listen to your story. We offer a free initial consultation where you can discuss the details of the accident, the injuries you sustained, and the impact on your life. This allows us to assess the strengths and weaknesses of your case and develop a strategic plan to achieve the best possible outcome.
Aggressive Advocacy
Our team at Andrews, Bernstein & Maranto, PLLC, is known for its relentless advocacy on behalf of our clients. We will conduct a thorough investigation into the accident, gathering evidence such as accident reports, witness statements, and any available surveillance footage. Our goal is to build a strong and persuasive case that establishes liability and demonstrates the extent of your damages.
Negotiation and Litigation
Whether through negotiation or litigation, we are prepared to fight vigorously for your rights and interests. We have a proven track record of successful negotiations with insurance companies, ensuring that you receive a fair settlement that covers medical expenses, lost wages, pain and suffering, and other damages. If a fair settlement cannot be reached, we are fully prepared to take your case to court to secure the compensation you deserve.
Personalized Support
At Andrews, Bernstein & Maranto, PLLC, we recognize that every case is unique, and every client has individual needs. We are committed to providing you with personalized support throughout the entire legal process. You can rely on us to answer your questions, address your concerns, and keep you informed about the progress of your case.
No Fee Unless We Win
We understand that dealing with the aftermath of a car accident can bring financial strain. That’s why we work on a contingency fee basis, which means you won’t owe us any attorney’s fees unless we successfully recover compensation for you. This arrangement allows you to pursue your case without worrying about upfront legal costs.
If you’ve been in a car accident in Erie County, NY, don’t navigate the legal complexities alone. Contact Andrews, Bernstein & Maranto, PLLC, and let us be your dedicated advocates. Your recovery and well-being are our top priorities, and we are committed to helping you rebuild your life after a car accident.