Rochester Pedestrian Accident Lawyers

During the spring and summer months, people are in a hurry to get outdoors after being cooped up inside all winter long. They can be seen walking around Rochester exploring shops, dining at new restaurants, and attending outdoor activities. With this increase in foot traffic and outdoor activity, it’s likely to see a spike in pedestrian accidents.

If you are a pedestrian who has been injured in an accident with a motor vehicle in Rochester, it is important to seek the help of an experienced Rochester pedestrian accident lawyer. At The Barnes Firm, our attorneys can provide guidance and legal representation to help you receive the compensation you deserve for your injuries and damages. With knowledge of local laws and regulations, as well as a deep understanding of personal injury litigation, our qualified attorneys can help you navigate the complexities of your case and help fight for your rights as a victim of a pedestrian accident. Call us today at (800) 800-0000 for a free consultation.

Should I Hire an Attorney After a Rochester Pedestrian Accident?

If you have been injured in a pedestrian accident involving a motor vehicle, it is recommended you seek the help of an experienced Rochester pedestrian accident lawyer at The Barnes Firm. Following a pedestrian accident, the legal process can be complex and confusing, especially when dealing with insurance companies and medical bills.

An experienced attorney at The Barnes Firm can provide valuable guidance and representation to help you receive the compensation you deserve for your injuries, medical expenses, lost wages, and pain and suffering. Contact us today for a free consultation and find out what your case is worth.

What Causes Pedestrian Accidents to Occur in Rochester?

Pedestrian accidents in Rochester occur for a variety of reasons, including:

• Distracted drivers who are paying attention to their phones, music, GPS, or passengers instead of what is happening on the road in front, or around them, while driving.
• Speeding at a higher than posted rate of speed requires more stopping distance, leading to an increased chance of a pedestrian accident occurring.
• Failure to yield when a careless motorist ignores a pedestrian’s right to cross the road.
• Aggressive Driving, such as failure to check blind spots, road rage, and running stop signs increase the chance of a motorist colliding with a pedestrian.
• Driving Under the Influence (DUI), which is illegal, slows reaction times, blurs vision, and increases the risk of striking a pedestrian.
• Road hazards, including potholes and broken sidewalks, can cause a pedestrian to trip and fall.
• Backing up unsafely, which is a negligent action that increases the chance of a pedestrian being stuck by a vehicle in reverse.

New York State Pedestrian Laws

In New York State, there are several laws and regulations in place to protect pedestrians and promote their safety. Here are some key provisions:

Right-of-Way. According to New York State law, drivers are required to yield the right-of-way to pedestrians within a marked crosswalk or unmarked crosswalk at an intersection.

Pedestrian Signals. Pedestrians are expected to follow traffic signals and pedestrian control signals. When “Walk” or a walking person signal is displayed, pedestrians have the right-of-way to cross the road. When the signal displays “Don’t Walk” or a solid upraised hand, pedestrians cannot cross the road. If the signal shows a flashing upraised hand or “Don’t Walk” with a countdown, pedestrians must finish crossing the street before the countdown ends.

Sidewalk Usage. Pedestrians are generally required to use sidewalks when they are available. If there are no sidewalks, pedestrians must walk on the left side of the roadway, facing oncoming traffic, to ensure they can see approaching vehicles.

Injuries Resulting From Pedestrian Accidents

Pedestrian accidents can result in serious injuries, including:

• Traumatic brain injuries
• Broken bones
• Concussions
• Head Injuries
• Internal organ damage
• Broken and fractured bones

If you or a loved one were injured in a pedestrian accident, it is important to seek medical attention immediately. Even if you do not feel any pain or discomfort, some injuries may not show symptoms until later. It is also important to keep records of all medical bills, as well as any other expenses related to your injury.

How Long Do I Have to File a Rochester Pedestrian Accident Claim?

In New York, you generally have three years from the date of the accident, or the date your injuries were discovered, to file a pedestrian accident lawsuit. If a loved one died in a pedestrian accident, New York law shortens this deadline to two years from the date of death for a wrongful death claim. If a government entity or vehicle was involved, the deadline may be significantly shorter and can require a formal Notice of Claim well before the standard three-year window closes. Because the applicable deadline depends on the facts of your case, it is important to speak with an attorney as soon as possible after a pedestrian accident.

What Compensation Can You Recover from a Pedestrian Accident?

If you have been injured in a pedestrian accident, you may be entitled to compensation for your injuries. This compensation may cover your:

• Medical expenses
• Lost wages
• Pain and suffering
• Future lost earning
• Rehabilitation and physical therapy
• Wrongful death damages, including funeral and burial expenses and loss of financial support, if the accident proved fatal

An experienced Rochester pedestrian attorney at The Barnes Firm can help you determine what compensation you may be entitled to. Call us today at (800) 800-0000 to find out what your case is worth.

Steps to Take if You Were Injured in a Pedestrian Accident

If you were injured in a pedestrian accident, it is important to take the following steps to help preserve evidence and protect your legal rights.

• Contact the authorities to report the accident and request immediate medical attention if you are severely injured.
• Gather information from the scene including the name, phone number, and insurance information from everyone involved in the accident.
• Take pictures and videos of the accident scene, your injuries, and anything that contributed to your accident, including traffic signs, signals, or road hazards.
• If anyone witnessed the accident, collect their personal information, as well as a statement from them.
• Visit a medical professional to have your injuries assessed and documented. Even if your injuries only seem minor, a medical professional can help determine the best course of treatment.
• Contact an experienced Rochester pedestrian accident attorney at The Barnes Firm. With decades of combined experience, our attorneys will work hard on your behalf to get you the best result possible for your accident case.

Who is Responsible for my Pedestrian Accident?

In New York State, when a motor vehicle accident happens, including accidents involving pedestrians, a system called “no-fault” applies. Under this, drivers must have personal injury protection (PIP) insurance which helps cover medical bills, lost wages, and other costs resulting from an accident, regardless of who caused it. However, insurance companies will only pay up to a certain amount as stated in the policy.

To go beyond no-fault benefits and pursue compensation for pain and suffering, your injuries generally need to meet New York’s “serious injury” threshold under Insurance Law § 5102(d) — categories such as a fracture, permanent loss of a body function, or a disability that prevents you from performing your usual activities for 90 of the first 180 days after the accident. If your injuries meet this threshold, or your expenses exceed what your no-fault coverage pays, you might be able to file a claim against anyone who played a part in the accident. This could include:

• Motor vehicle drivers
• Government entities
• Truck drivers
• Bicyclists
• Bus drivers
• And more…

Determining liability in a pedestrian accident can be complex, and it often requires a thorough investigation of the facts and gathering evidence. Contact us today at (800) 800-0000 for a free case evaluation.

Seeking Compensation After a Pedestrian Accident? Turn to The Barnes Firm

If you or a loved one were injured in a pedestrian accident due to the negligence of another person, call (800) 800-0000 for a FREE case evaluation and find out what your case is really worth.