Pedestrian Accident Lawyer
Pedestrian Accident Lawyer in Buffalo, NY
A pedestrian accident can be a frightening experience, one that can leave you scarred for life. A pedestrian accident lawyer can be very helpful in such a situation as many pedestrian accident victims have to deal with significant challenges when dealing with their recovery. If you have been in a pedestrian accident in Buffalo, NY, you need to speak to a pedestrian accident attorney at your earliest convenience.
Drivers, in general, are respectful of pedestrian rights. Most drivers abide by traffic rules and understand that a pedestrian has the first right of way on regional roads, at turnings and major intersections. That is why pedestrian accidents are not a very common occurrence in New York, but when they do happen, they can be quite damaging to the victims. A large majority of these accidents are caused either by negligent drivers or careless pedestrians. If you think you were hit by a negligent driver while you were walking on the road, you should speak to pedestrian accident lawyers immediately.
Why Do I Need a Pedestrian Accident Lawyer?
Lawyers can be helpful in any type of road accident. This is especially true for pedestrian accidents because they are often victims of another party’s negligence. A pedestrian accident attorney can help you get the justice you deserve if you have suffered injuries because of a careless driver.
You have to understand that when you are in a pedestrian accident, your pedestrian accident lawyer can help you file a compensation claim. You can claim compensation for the following expenses:
- Medical bills
- Prescription costs
- Hospitalization costs
- Rehabilitation costs (if any)
- Lost wages
- Pain and suffering
When a road vehicle hits a pedestrian, the chances of serious injuries are obviously very high because a pedestrian has no protection. That is why it is advised that pedestrians should not disobey the rules of the road; they should always follow the walk/stop signals, and they should always look towards the right and the left before crossing the road. These road precautions can go a long way in protecting you from a serious accident. Talk to a pedestrian accident lawyer if you were in an accident and needed to file a compensation claim.
Sometimes, the pedestrian takes all the necessary precautions but still gets hit by a vehicle. In most of these cases, it is the driver who is at fault and who fails to exercise caution and responsibility when driving. It is these drivers that need to be held accountable for their actions. That is where your pedestrian accident attorney can play an important role as they can make sure these drivers pay for their negligence. Theoretically speaking, every driver with a registered vehicle and a valid license must carry insurance to be able to drive in Buffalo, New York. In case an accident occurs, the driver who is responsible for the accident will be able to pay damages to the victim through their insurance companies. Being insured is always a good idea as it can often be impossible for drivers to pay such damages out of their own pocket. Talk to your pedestrian accident lawyers about how you can file a claim with an insurance company.
Dealing With Insurance Companies
In theory, if an accident occurs, the insurance company pays the victims the damages. This is the simple model of motor insurance. But in reality, getting money from these insurance companies can sometimes turn out to be a frustrating experience. This is where the services of a pedestrian accident lawyer can prove to be very helpful as they know how insurance companies think and how they operate.
The insurance company will try their best to pay you as little money as possible. Obviously, their goal is to minimize their losses. They might try to put the blame on you; they might claim that you came out of nowhere and the driver failed to see you; they might say that you were jaywalking and their client did not expect you to come in front of their vehicle at that point in time; they might say it was dark and you were not dressed properly so that the driver could see you. If these excuses don’t work, they might try to blame the weather, the road conditions, the traffic lights, road maintenance or anything else they might come up with. The point is that insurance companies will try their best to a) not pay you at all or b) pay you as little as possible. It is up to you to make sure you speak to a pedestrian accident attorney so that they can make sure insurance companies cannot take advantage of your situation.
How Can Pedestrian Accidents Occur
A large majority of pedestrian accidents are caused by negligent drivers. Drivers are said to be negligent when they fail to demonstrate a duty of care and a sense of responsibility while on the road. Anybody with the right to drive should realize that they are obligated to consider the safety of other people who share the road with them. These include other drivers, passengers of other motor vehicles, and pedestrians. However, there are drivers who fail to demonstrate this sense of responsibility. Some situations that can result in a pedestrian accident include:
- A distracted driver who failed to protect a pedestrian because they were texting and driving. Texting while driving is fast becoming an area of great concern. Many drivers fail to understand the consequences of texting while they drive. Not only do they put their personal lives at risk but also the lives of people around them. If you a were in a pedestrian accident and if you believe that the driver who hit you was distracted, you should speak to a pedestrian accident attorney immediately.
- A drunk or intoxicated driver who failed to demonstrate a duty of care because they were not operating at full mental capacity. Getting behind the wheel of your car if you have been drinking or if you are intoxicated because of drugs is always a bad idea. Again, the driver puts their own life at risk as well as creates a risky situation for other people on the road. A pedestrian who hit by a drunk driver has the right to file a claim. Speak to your pedestrian accident lawyers in this regard.
- A driver who fails to obey basic rules of the road. These include following the speed limits as well as obeying all traffic signals. Sometimes, there are drivers who drive at very high speeds on regional roads. They don’t even bother to slow down in and around school areas. Similarly, there are drivers who break red lights. When they break these rules, they also put other people at risk. A pedestrian may begin to cross the road because they see that the signal for vehicles is red. If a driver fails to obey the red light but continues to drive, the pedestrian will not be expected that to happen. This can result in an accident. If the driver who breaks the signal is also speeding, the resultant injuries can be quite serious. Talk to a pedestrian accident lawyer if a speeding driver hit you while you were crossing the road.
Drivers are not always to be blamed for every pedestrian accident. There can be other factors that might cause such an accident. These include:
- A pedestrian who knows that a vehicle is approaching and is aware that it is not safe to cross or step on to the road but does so anyway can get hit by an oncoming vehicle. In such a situation, the driver is not to be blamed. It is the pedestrian’s fault completely. It is thus recommended that you be careful when crossing the road and to be especially careful around major turnings.
- A pedestrian who was not careful enough to dress appropriately when out at night or when weather conditions are poor. Visibility can be an issue for drivers, and it is up to the pedestrians to make sure that they are wearing clothes that would be visible to oncoming drivers. If not, the driver may not be able to see you and can hit you by mistake.
- Poor weather conditions often result in pedestrian accidents. Many times, the drivers are not to blame. If conditions are bad, it is best to avoid walking. If there is something urgent and you need to be out in those conditions, and you have to be on foot, you should be extra careful so that drivers can see you.
- Road construction and diversions can also result in a pedestrian accident. This can be because of two reasons. A driver may not be aware of the diversion, and once they become aware of it, they may take an alternate route with which they are not familiar. A missed turn or a turning that they did not expect may result in confusion. A pedestrian in and around that area at that particular time may get hit.
It is thus evident that there can be many causes of a pedestrian accident. In some, the driver may be at fault, but in others, it might be the pedestrian’s fault. There can be some accidents that are nobody’s fault. Whatever the situation, if you live in Buffalo, New York, and if you were involved in a pedestrian accident, you need to speak to a pedestrian accident attorney as soon as possible.
Talk to a Pedestrian Accident Attorney
A pedestrian road accident can change your life in a very negative way. You could end up with serious injuries. You could lose your job or lose your ability to do the same tasks you performed before the accident happen. If you get hit by a large vehicle, you could suffer long-term disability. You may require surgery and hospitalization. You may require long-term treatment and rehabilitation. All these things cost money. A pedestrian accident lawyer can help you get compensation so that you can recover your losses. If a pedestrian accident attorney can get you money for the expenses you have incurred, you could pay off your medical bills and focus on your recovery.
A pedestrian accident lawyer can negotiate with the insurance companies on your behalf. While you focus on your recovery, pedestrian accident lawyers can engage in the back and forth which generally occurs with insurance companies. Your pedestrian accident attorney can also try and gather as much evidence as possible to prove fault and to show that it was the other party’s negligence that caused you bodily harm and emotional trauma.
When you are in an accident, any type of accident, you can be in a state of shock. You may not be able to deal with the legal aspects of your case. You may not even have the strength to argue with insurance agents. Don’t do it. Focus on your recovery and hire a pedestrian accident lawyer so that they can fight for you. Pedestrian accident lawyers are aware of the system. They know that pedestrians have rights and they also know that all drivers on the road are expected to demonstrate a certain sense of duty and care. Even if a driver sees a pedestrian crossing a signal at a stop sign, the driver needs to stop. That is just the most basic demonstration of a sense of care. The pedestrian may be wrong; they may even be jaywalking, but drivers still need to stop and let them pass. It might be very frustrating to do so, but it is for everybody’s protection.
Retain a Pedestrian Accident Lawyer
Legal counsel is very important if you have been in an accident. If you live in Buffalo, NY and if you were hit by a vehicle when you were on the road, call our office as soon as possible. We will make sure your legal interests are protected, and we will make sure you get the compensation you need to pay off all your bills and necessary expenses.