When a Buffalo driver strikes a person walking in the road, it can lead to very serious physical injuries to the pedestrian.
While drivers are expected to watch out for pedestrians under all circumstances, it is still necessary to prove that the driver was operating his or her motor vehicle in a negligent manner to successfully pursue a personal injury claim.
This means it will usually help a personal injury claim where it can be established that the pedestrian was obeying the rules of the road and the driver was not.
When stopping at a red light or stop sign, a driver is expected to stop before entering any designated crosswalk.
In many personal injury cases involving a pedestrian being injured because a driver entered the crosswalk to, for example, make a right turn at a red light or did not stop until he or she was already in the crosswalk, the driver has violated the laws surrounding the lawful use of crosswalks by pedestrians.
In such cases, it may be relatively easy to establish that the driver’s negligence was the cause of the pedestrian’s injuries.
Also, motor vehicles making a left or right turn are required to yield the right of way to pedestrians within the adjacent crosswalks who are lawfully crossing the roadway.
As a result, a driver who is making a turn and strikes a pedestrian crossing the road that the vehicle is turning onto may be found negligent based on a violation of this law because the pedestrian usually has the right of way under such circumstances.
While it is helpful if the pedestrian clearly had the right of way, even in cases where it is questionable who had the right of way, drivers are still expected to use due care to avoid striking a pedestrian.
If you have been injured by a car and need legal advice, please feel free to call us at 585-484-7432.
We would be happy to answer your questions.