A serious pedestrian accident can alter the course of a person’s life in a matter of seconds. When a pedestrian is struck by a vehicle, the injuries are often catastrophic because there is no physical protection between the body and the impact. If you or a loved one has been injured in a pedestrian accident in Depew or elsewhere in New York State, speaking with a Depew pedestrian accident lawyer can help you understand your legal rights and options for compensation.

Brown Chiari LLP is a law firm serving clients throughout Erie County and Western New York. Our legal team includes experienced Buffalo pedestrian accident attorneys who regularly represent injured pedestrians in complex accident and personal injury matters. We offer a free consultation and a free case evaluation so you can receive clear legal guidance after a pedestrian accident.

Understanding Pedestrian Accident Law in New York

A pedestrian accident typically occurs when a motor vehicle strikes a person who is walking, crossing a roadway, or standing near traffic. Under New York personal injury law, a pedestrian injured because of another party’s negligence may file a claim seeking compensation.

In New York State, pedestrians struck by insured motor vehicles are generally eligible for No Fault benefits under Insurance Law § 5102(b) and § 5103. This means that medical expenses and a portion of lost wages may be covered regardless of fault. However, a No Fault application must typically be filed within 30 days of the accident under applicable regulations. Missing this deadline can jeopardize benefits.

To pursue compensation for pain and suffering and other non economic damages, the injured pedestrian must meet the serious injury threshold defined in Insurance Law § 5102(d). Qualifying categories may include fracture, significant disfigurement, permanent loss of use of a body organ or member, or a medically determined impairment preventing normal activities for at least 90 of the first 180 days following the accident.

An experienced pedestrian accident attorney can evaluate whether your injuries meet this injury threshold and whether a lawsuit is appropriate.

Common Causes of a Pedestrian Accident

A pedestrian accident often results from distracted driving, speeding, failure to yield at crosswalks, or a reckless driver ignoring traffic signals. Many pedestrians are injured at intersections, in parking lots, or along busy roads in Buffalo, Depew, and surrounding communities.

In some cases, a pedestrian accident may also involve unsafe roadway design, malfunctioning traffic signals, or hazardous property conditions. Property owners or municipalities may be held liable in such circumstances if their negligence contributed to the accident.

Our Buffalo pedestrian accident attorneys conduct a thorough investigation to determine how the accident occurred and identify all responsible parties. We gather evidence from the accident scene, obtain police reports, interview witnesses, and preserve critical evidence that supports your claim.

Comparative Negligence in Pedestrian Accident Cases

Insurance companies frequently argue that a pedestrian was partially responsible for the accident. New York follows a pure comparative negligence rule under CPLR § 1411. This means that an injured pedestrian may still recover compensation even if partially at fault, although the recovery will be reduced by the assigned percentage of fault.

Because fault disputes are common in pedestrian accident cases, working with a knowledgeable accident attorney is essential. Our legal team builds strong claims supported by medical records, witness statements, and other evidence to protect our clients’ interests.

Serious Injuries in Pedestrian Accidents

Pedestrian accidents frequently cause serious injuries and severe injuries due to the direct impact with a vehicle. Common injuries include traumatic brain injuries, back injuries, fractures, internal injuries, and other catastrophic injuries. Many injured pedestrians require immediate medical attention and extensive medical care.

These injuries often result in substantial medical bills and ongoing medical expenses. Some accident victims need physical therapy and long term rehabilitation to regain mobility and independence. In the most tragic cases, wrongful death claims may be necessary if a loved one dies as a result of a pedestrian accident.

Our pedestrian accident attorney team carefully documents injuries and the long term impact on a client’s life. We work to demonstrate both economic damages, such as medical expenses and lost wages, and non economic damages related to pain and suffering.

Filing a Pedestrian Accident Claim in New York State

In most personal injury cases arising from a pedestrian accident in New York State, the statute of limitations is three years from the date of the accident under CPLR § 214(5). However, shorter deadlines apply in certain situations.

If a municipality is involved, such as in cases involving defective roadways or traffic signals, a Notice of Claim generally must be filed within 90 days under General Municipal Law § 50-e. A lawsuit against a municipal entity must typically be commenced within one year and ninety days under § 50-i.

If a pedestrian accident results in death, a wrongful death claim must generally be filed within two years under EPTL § 5-4.1.

Because these deadlines are strictly enforced, it is important to consult a pedestrian accident lawyer as soon as possible after the accident.

Dealing With the Insurance Company

After a pedestrian accident, the insurance company for the involved motor vehicle may attempt to minimize the claim or dispute the extent of injuries. Insurance companies often request recorded statements or access to medical records early in the process.

Our Buffalo pedestrian accident lawyer team handles all communications with the insurance company and works to recover compensation that reflects the full scope of harm. We prepare each pedestrian accident case thoroughly, anticipating arguments that insurers may raise.

If settlement negotiations do not produce fair compensation, we are prepared to take the claim to court and advocate aggressively for our clients.

Compensation in a Pedestrian Accident Case

Compensation in a pedestrian accident case may include payment for medical expenses, medical bills, lost wages, and other financial losses. It may also include non economic damages for pain and suffering and the impact of the accident on daily life.

When catastrophic injuries occur, future medical care and long term rehabilitation costs must be considered. Our law firm is committed to helping accident victims pursue compensation that addresses both immediate and long term needs.

We handle pedestrian accident cases on a contingency fee basis. You do not pay attorney fees unless we recover compensation for you. We provide a free consultation, free case evaluation, and free case review so you can make informed decisions about your legal options.

Why Choose Brown Chiari LLP

Brown Chiari LLP is a law firm dedicated to helping accident victims and injured pedestrians throughout Erie County and Western New York. Our Buffalo pedestrian accident attorneys and pedestrian accident lawyer team provide experienced legal counsel and personalized attention to every client.

We understand the physical, emotional, and financial toll a pedestrian accident can cause. Our attorneys focus on protecting clients’ rights, building strong claims supported by evidence, and guiding clients through every stage of the legal process.

Take Action Today with Brown Chiari LLP

Learn more about how a Depew pedestrian accident lawyer can help you recover compensation after a pedestrian accident. Call Brown Chiari LLP at 716 681 7190 to schedule your free consultation and free case evaluation. Our legal team is ready to provide the legal guidance and representation you need.