Rochester Pedestrian Accident Attorney

Representation for Pedestrian Injuries in NY

Pedestrian accidents are a serious concern in many communities, and understanding their causes and consequences is crucial for prevention and legal recourse. This page provides information about the common causes of pedestrian accidents, the role of driver negligence, potential pedestrian liability, the impact of road conditions, and the types of injuries that can result. By understanding these factors, pedestrians and drivers can take steps to prevent accidents, and injured parties can seek appropriate legal action.

At Horn Wright, LLP, we've earned a regional reputation for helping victims of negligence in the fight for justice. With decades of experience and a proven track record of success, we have what it takes to help injured motorcyclists and their families navigate the personal injury claim process and fight for the compensation they deserve.

Our Rochester pedestrian accident attorneys offer FREE consultations and handle cases on contingency, which means you pay nothing unless we recover compensation. Call (855) 465-4622 to get started.

Common Causes of Pedestrian Accidents

The most common causes of pedestrian accidents include distracted driving, speeding, and failure to yield the right of way. Drivers who are texting, using a phone, or not paying attention to the road may not notice pedestrians, especially at intersections or crosswalks. Speeding reduces a driver's ability to react in time to avoid a pedestrian. 

Failing to yield, especially crosswalks, is another frequent cause of pedestrian accidents. Impaired driving, whether due to alcohol or drugs, also significantly increases the risk. In some cases, pedestrian accidents result from pedestrians crossing streets in areas without crosswalks or walking into traffic, but driver behavior remains the leading cause of most incidents.

How Does Driver Negligence Lead to Pedestrian Accidents?

Negligent motorists are a major contributor to many pedestrian accidents. Some studies have suggested that over 70% of road accidents are the result of human behavior. Negligence occurs when a driver fails to exercise reasonable care while operating a vehicle. Common examples include distracted driving, speeding, running red lights, and failing to yield to pedestrians at crosswalks. These actions create dangerous conditions that increase the likelihood of a pedestrian being hit. 

If a driver is under the influence of alcohol or drugs, their ability to react to pedestrians is severely impaired, leading to accidents. In legal terms, if a driver’s negligence causes harm to a pedestrian, the driver can be held liable for the resulting injuries or damages under personal injury law.

Can a Pedestrian Be At-Fault For An Accident?

Yes, a pedestrian can be at fault for an accident, either fully or partially. Pedestrians have a duty to follow traffic signals, use crosswalks, and avoid stepping into traffic unexpectedly. If a pedestrian crosses the street against a signal, outside of a crosswalk, or while distracted (e.g., texting or using headphones), they may be considered negligent. 

In some cases, both the driver and the pedestrian may share responsibility for the accident. This is known as comparative negligence, where fault is divided between the parties based on their actions. The pedestrian’s level of fault may reduce or eliminate their ability to recover damages.

Do Road Conditions Contribute to Pedestrian Accidents?

Road conditions can significantly contribute to pedestrian accidents. Poorly maintained roads, inadequate lighting, and lack of proper signage or crosswalks increase the risk of collisions. For example, a street without a marked crosswalk may force pedestrians to cross at dangerous points, making it harder for drivers to anticipate and react. 

Weather conditions like rain, ice, or snow also reduce visibility and make it more difficult for drivers to stop in time to avoid hitting a pedestrian. In construction zones or areas with roadwork, irregular traffic patterns and obstructed sidewalks can increase the chances of pedestrian accidents as well.

Can Distracted Walking Cause a Pedestrian Accident?

Many don’t realize that distracted walking can cause a pedestrian accident. Pedestrians who are using phones, listening to music, or otherwise not paying attention to their surroundings may step into traffic without realizing it. Over 78% of Americans believe that distracted walking is a serious issue. Distracted walking can result in pedestrians crossing streets at inappropriate times, failing to notice oncoming vehicles, or walking into areas with high traffic. 

Even when a pedestrian has the right of way, distraction may prevent them from noticing dangers, such as a speeding or turning vehicle. While drivers bear the majority of responsibility for pedestrian safety, distracted walking can lead to accidents where the pedestrian is partially at fault.

Types of Injuries in Pedestrian Accidents

Common injuries in pedestrian accidents include broken bones, head trauma, and soft tissue damage. Fractures are frequent due to the impact of the vehicle, particularly to the legs, arms, and ribs. Head injuries, including concussions or traumatic brain injuries, are common, especially if the pedestrian hits the ground or windshield. 

Soft tissue injuries, such as sprains, bruises, and cuts, can occur from the collision or from hitting the pavement. Spinal injuries and internal organ damage may also result, depending on the severity of the accident. In some cases, pedestrians suffer multiple injuries, leading to a long recovery process and significant medical expenses.

What Are Common Injuries in Pedestrian Accidents?

Injuries in pedestrian accidents are often severe because pedestrians lack any type of protection that a driver or passenger would have inside a vehicle. The force of impact from a vehicle can cause broken bones, head trauma, spinal injuries, and even internal organ damage. Traumatic brain injuries and spinal cord injuries are particularly serious and may result in permanent disability or cognitive impairment. While some accidents result in minor injuries, many pedestrian accidents lead to significant physical harm that requires immediate medical attention, rehabilitation, and sometimes long-term care. The seriousness of the injuries often depends on factors like the speed of the vehicle, the location of the impact, and the pedestrian’s age and health.

How Serious are Injuries in Pedestrian Accidents?

Injuries in pedestrian accidents are often severe because pedestrians lack the protection that drivers or passengers have inside vehicles. The force of impact from a vehicle can cause broken bones, head trauma, spinal injuries, and even internal organ damage. Traumatic brain injuries and spinal cord injuries are particularly serious and may result in permanent disability or cognitive impairment. 

While some accidents result in minor injuries, many pedestrian accidents lead to significant physical harm that requires immediate medical attention, rehabilitation, and sometimes long-term care. The seriousness of the injuries often depends on factors like the speed of the vehicle, the location of the impact, and the pedestrian’s age and health.

Can Minor Injuries From a Pedestrian Accident Lead to a Claim?

Minor injuries from a pedestrian accident can still lead to a claim. Even if the injuries seem minor at first, medical expenses, lost wages, and other costs can accumulate quickly. Additionally, what appears to be a minor injury may worsen over time or require further treatment. 

A claim will allow an injured pedestrian to seek compensation for medical bills, therapy, or any other costs related to the accident. Filing a claim will also hold the at-fault party accountable for their negligence, regardless of the severity of the injury. Personal injury law is designed to provide compensation for any harm suffered due to another party’s negligence, whether the injuries are minor or serious.

How Do Pedestrian Accidents Lead to Long-Term Injuries?

Pedestrian accidents can, and often do, result in long-term injuries to victims. Traumatic brain injuries can lead to permanent cognitive, physical, or emotional impairments. Spinal cord injuries can cause chronic pain or permanent paralysis. Broken bones may heal improperly, resulting in reduced mobility or long-term discomfort.

Soft tissue injuries, such as ligament tears, may require extensive rehabilitation and still leave lasting effects. Even psychological trauma, like post-traumatic stress disorder, can persist long after the physical injuries heal. 

What Medical Treatment is Common After a Pedestrian Accident?

Common medical treatments after a pedestrian accident include emergency care, surgery, and physical therapy. Immediately following the accident, the pedestrian will often be rushed for emergency medical treatment to stabilize fractures, address head trauma, or manage internal injuries. X-rays, MRIs, and CT scans are often used to assess the extent of the injuries. In more severe cases, surgery may be required to repair broken bones or internal damage. 

Physical therapy is common during the recovery process to help regain strength and mobility, especially after fractures or soft tissue injuries. Depending on the injury, ongoing rehabilitation, pain management, and follow-up visits with specialists may also be necessary for long-term recovery.

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