The rights of pedestrians using Buffalo’s crosswalks are governed under New York State law. The New York State Vehicle and Traffic Law offers several provisions specifically related to pedestrians that must be considered when determining which party was negligent – and to what degree – when a pedestrian suffers a personal injury after being struck by an automobile.
Where traffic control devices are present at a crosswalk, pedestrians are required to abide by those devices in the same manner as drivers. As a result, a pedestrian crossing against the light, even if using a crosswalk, will usually be found to bear at least some of the responsibility for his or her own injuries if struck by a car.
Additionally. even if a pedestrian does have the right of way, New York State law provides that a pedestrian may not suddenly leave the curb and enter the crosswalk when a vehicle is so close that it would be impractical for the driver to yield. Doing so would constitute negligence on the part of the pedestrian.
If you have been injured by an automobile and have any questions regarding your legal rights, we would be happy to help you. Please feel free to call our office at 716-542-5444.
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