Pedestrian Accident Attorney in Rochester, NY
Accidents involving vehicles and pedestrians can be devastating. When pedestrians are involved in this type of crash, it can result in both physical and emotional trauma. If you were injured in a pedestrian accident, a Rochester pedestrian accident lawyer can help you seek compensation.
Dedicated Rochester Pedestrian Accident Attorneys
At Gattuso & Ciotoli, PLLC, our dedicated team of attorneys has over 50 years of combined experience in personal injury law. Our clients benefit from one-on-one legal service from an attorney with knowledge of New York laws and the skill to help you fight for the compensation that you need to help you recover from your injuries.
Understanding Crosswalk Laws in New York
Crosswalks are supposed to be a safe place for pedestrians to cross the streets. Rochester, NY, even has a program called the Downtown SmART Streets program with bright murals to improve pedestrian safety. No one expects to be hit by a car, but according to the New York State Department of Health, about 300 pedestrians are struck and killed by vehicles every year, and 15,000 are injured in the state. In 2024, 7,148 pedestrians were killed in traffic accidents in the U.S.
Under New York Vehicle and Traffic Law §1151, drivers are required to yield to a person in a crosswalk. If they fail to do so, it may be determined that they are negligent. New York law also requires drivers to yield to individuals with guide dogs and canes. Drivers must wait until a pedestrian has completely finished crossing the street before making a turn, and they must yield to pedestrians even if there are no traffic signals.
Pedestrians have responsibilities, too, and are required to follow traffic signals. Those who are on foot should follow “walk” and “don’t walk” signals. If you have started crossing the street and the “don’t walk” signal starts to flash, always continue walking until you reach the other side. Pedestrians are required to yield to vehicles when crossing the street at mid-block when there is no crosswalk, signal, or walk sign.
Most Common Types of Pedestrian Accidents
There are many different reasons that pedestrians are hit by cars. In many cases, they occur because a driver is not paying attention. Some of the most common causes of crosswalk accidents are:
- Failure to yield. Drivers fail to yield to a pedestrian in a crosswalk with the right of way.
- Distracted driving. Drivers on their cell phones, looking at their navigation directions, eating, or speaking with passengers, result in a large number of pedestrian accidents.
- Speeding. Driving over the speed limit in Rochester city zones can increase the risk of hitting a pedestrian and increase the severity of injuries.
- Left turns. A vehicle driver making a left turn without carefully checking for people crossing the street is a common cause of accidents.
- Impaired driving. Driving under the influence of alcohol or drugs contributes to pedestrian accidents.
Common Pedestrian Accident Injuries
If you were hit by a car, truck, or other vehicle while in a crosswalk, you most likely suffered some type of injury. Pedestrian injuries are one of the top 10 causes of hospital admissions and death in New York State. Some of the most common injuries that occur as a result of a pedestrian accident include:
- Torn ligaments
- Broken bones
- Traumatic brain injury
- Nerve damage
- Lacerations
- Paralysis
Depending on the severity of your injuries, medical treatment can be long-term and expensive. Recovery may include physical therapy, surgery, chiropractic sessions, and extended use of medical equipment such as a wheelchair, crutches, or a walker. A Rochester pedestrian accident attorney can assess your case and develop a strategy to help make sure a negligent driver is held accountable.
FAQs
Should I Hire a Pedestrian Accident Lawyer?
If you were injured while crossing the street, it’s in your interest to hire a pedestrian accident lawyer. They can help you navigate the legal process from start to finish. They can help you gather the required evidence to prove liability while minimizing your fault in the accident. A seasoned lawyer has the skills and knowledge to advocate for you, deal with uncooperative insurance companies, and build a claim that takes into account all of the damages you are due.
What Is the Average Settlement for a Pedestrian Hit by a Car?
There is no set average settlement for a pedestrian hit by a car. Settlements in a pedestrian accident claim vary depending on the severity of the injuries. Injuries may range from minor to moderate and severe. Other factors such as medical costs, emotional distress, lost wages, insurance coverage limits, and state-specific laws may influence the final amount of the payout.
Can I Sue Someone for Hitting Me With Their Car as a Pedestrian?
If you are hit by a car in New York, you are allowed to seek compensation if the driver’s negligence caused the accident. To prove negligence, the injured person needs to show that the driver breached their duty to drive safely and that the breach caused the accident. The pedestrian also needs to show they suffered injuries as a result of the accident.
Does Insurance Pay if You Hit a Pedestrian?
If you hit a pedestrian while driving in New York, your liability policy should cover the cost of the injuries if you are found responsible for the accident. Liability coverage is required in New York. These policies pay for injuries and property damage. The benefits available to the injured pedestrian may include coverage for hospital bills, emergency room visits, and physical therapy.
Contact an Experienced Pedestrian Accident Lawyer
A pedestrian accident can be life-changing. Whether you were struck while waiting for a bus at Clinton and Main in downtown Rochester or while out with friends on Alexander Avenue, if you suffered injuries due to a driver’s negligence or recklessness, it’s time to contact Gattuso & Ciotoli, PLLC for a free consultation. Having an experienced and skilled attorney by your side can be crucial in protecting your rights and obtaining the compensation you are entitled to.