A pedestrian accident lawyer helps people hit by a vehicle while walking, and families who lost someone in a pedestrian crash. At Rosenthal, Kooshoian & Lennon, LLP, our pedestrian accident attorneys prove who was at fault, secure the benefits you're owed, and pursue full compensation for injuries that are almost always serious. When a two-ton vehicle hits a person on foot, the person has no protection, and the results can be devastating. Our firm fights to make it right.
A pedestrian struck by a car doesn't walk away with a dented bumper. They walk away, if they walk away at all, with broken bones, a brain injury, or worse. Buffalo's long winters make it worse still, with early darkness, snowbanks that push people into the road, and crosswalks buried under plowed snow. Our Buffalo pedestrian accident lawyers handle these cases with the seriousness they demand. This is one focus of our broader Buffalo personal injury practice, so the full weight of the firm is behind your case.
Call us 24/7 at 716-854-1300 to speak with a personal injury lawyer near you, or contact us for a FREE consultation.
In New York, it may surprise you: the no-fault insurance of the vehicle that hit you generally pays your initial medical bills and lost wages, regardless of who was at fault. New York's no-fault system follows the car, not just its driver and passengers, so a pedestrian struck by a vehicle is usually covered by that vehicle's no-fault benefits. You don't have to prove fault to get this early coverage.
This catches almost everyone off guard, because most people assume a pedestrian is on their own. You're not. The striking vehicle's no-fault coverage steps in first for your medical care and a portion of your lost earnings, no matter whose fault the crash was. Our pedestrian accident lawyers make sure you get every no-fault benefit you're entitled to, and that the paperwork and deadlines don't cost you that coverage.
You're still likely covered. Because no-fault follows the vehicle that hit you, a pedestrian who doesn't own a car and has no auto insurance is generally covered by the striking vehicle's no-fault benefits. If the driver had no insurance, or fled the scene, New York has a special fund that can provide benefits to pedestrians who would otherwise have no coverage.
This is one of the most important things for a pedestrian to understand. Not owning a car doesn't leave you without protection after being hit. Between the striking vehicle's coverage and the state's safety-net fund for uninsured and hit-and-run situations, most injured pedestrians have a source of benefits. Our pedestrian accident attorneys identify exactly which coverage applies to you and make sure you access it.
Yes, when your injuries meet New York's serious injury threshold, which pedestrian injuries usually do. No-fault covers your basic bills, but to recover for pain and suffering and your full losses, you bring a claim against the at-fault driver, and that requires a serious injury under the law. Because pedestrians struck by vehicles are so often badly hurt, that threshold is frequently met.
The serious injury threshold includes things like fractures, significant disfigurement, permanent limitations, and injuries that keep you from your normal activities for an extended time, the very injuries pedestrian crashes tend to cause. Our pedestrian accident lawyers document your injuries thoroughly to establish that threshold and open the door to full compensation beyond the no-fault basics.
You can usually still recover. New York follows a comparative fault rule, so even a pedestrian who was partly to blame, crossing outside a crosswalk, or against the signal, can still recover, with the compensation reduced by their share of the fault. Being partly at fault reduces a claim; it doesn't erase it.
Drivers and their insurers love to blame the pedestrian, claiming you darted out, weren't in the crosswalk, or were on your phone. Even if some of that is true, it doesn't end your claim, and it's often exaggerated to cut what they pay. Our pedestrian accident attorneys push back hard on inflated blame-shifting, because a driver's duty to watch for people on foot doesn't disappear just because a pedestrian wasn't perfect.
No, but drivers carry a heavy duty of care toward people on foot. Drivers must yield to pedestrians in crosswalks, exercise care around intersections and where people are likely to be walking, and stay alert. When a driver speeds, runs a signal, fails to yield, turns without looking, or is distracted, the driver is usually at fault. But fault depends on the facts of each crash.
Pedestrians have duties too, like obeying signals and using crosswalks where required, so fault isn't automatic in either direction. What matters is what actually happened, and drivers frequently violate the right of way and then blame the victim. Our pedestrian accident lawyers investigate the crash, the signals, the sight lines, and the driver's conduct to establish who was really responsible.
You may still have a path to compensation. Hit-and-run crashes are tragically common with pedestrians, but a driver who flees doesn't automatically leave you without options. If you have your own auto insurance, its uninsured motorist coverage may apply, and if you don't, New York's safety-net fund for pedestrians with no coverage can step in. And a fleeing driver can still be identified through investigation.
A hit-and-run is a crime, and the search for the driver doesn't end when the police report is filed. We work to identify the vehicle through surveillance footage, witnesses, and physical evidence, while pursuing the insurance or fund coverage available to you in the meantime. Our pedestrian accident attorneys make sure a driver who ran doesn't also run off with your right to recover.
Almost always driver carelessness of some kind. Failing to yield in a crosswalk, speeding, distracted driving, running red lights and stop signs, turning without looking for pedestrians, and driving impaired are the leading causes. Poor visibility, especially in Buffalo's dark, snowy winters, makes all of these more dangerous.
The common causes our pedestrian accident lawyers see include:
Winter conditions add another layer, with snowbanks forcing people into the road and short daylight hours reducing visibility. Our pedestrian accident attorneys account for all of it when we prove how a crash happened.
Some of the most severe injuries in all of personal injury, because a pedestrian has no protection at all. Traumatic brain injuries, spinal cord damage, multiple fractures, internal injuries, amputations, and death are all common when a vehicle strikes a person on foot. Even a low-speed impact can cause serious, lasting harm.
Unlike a driver surrounded by a steel frame, airbags, and seatbelts, a pedestrian absorbs the full force of the collision and often a second impact with the ground. That's why these injuries are so catastrophic and so often permanent. Our pedestrian accident lawyers document the full extent and long-term impact of these injuries, because the future costs usually dwarf the immediate bills.
Usually the driver, but sometimes others too. Responsibility most often falls on the driver who struck you, but it can also reach an employer if the driver was working, the owner of a commercial or delivery vehicle, and in some cases a government entity responsible for a dangerously designed road, missing signal, or poorly maintained crosswalk.
Identifying every responsible party matters, especially where injuries are catastrophic and one driver's insurance may not be enough. A delivery driver on the clock brings in the employer, and a dangerous intersection may point to the municipality. Our pedestrian accident attorneys investigate every possible source of responsibility and coverage, because a lifetime injury demands every available avenue of recovery.
By the full extent of your injuries and losses, weighed against every responsible party. The value includes your past and future medical care, lost income and reduced earning power, the cost of long-term care, and compensation for pain, suffering, and the permanent effect on your life. Because pedestrian injuries are so often severe, these claims can be substantial.
The future costs usually drive the value, since a brain injury, a spinal injury, or an amputation carries decades of care and lost earning power. Capturing that takes careful work with medical and economic experts. Our pedestrian accident lawyers build the full lifetime value of the claim and prove who's responsible, so every at-fault party answers for their share.
A pedestrian accident claim can recover your past and future medical expenses, lost income and reduced earning power, the cost of ongoing and long-term care, and compensation for pain, suffering, and the lasting effect on your life. Where a driver's conduct was especially reckless, such as drunk driving or a hit-and-run, punitive damages may also be possible, and a fatal crash can support a wrongful death claim.
The goal is a recovery that reflects everything the crash took, the treatment, the permanent limitations, the career affected, and the human cost. Our pedestrian accident attorneys pursue every category of compensation that applies, against every responsible party and every available policy, on top of the no-fault benefits you receive.
The family may have a wrongful death claim. Pedestrian crashes are among the most likely of all traffic accidents to be fatal, and when a family loses someone this way, they can bring a claim through the estate against the at-fault driver and any other responsible party, along with a claim for what their loved one suffered.
Our wrongful death lawyer page explains how these claims work in New York, who can bring them, and what a family can recover. Losing a loved one who was simply walking is a senseless tragedy, and our pedestrian accident lawyers handle these cases with the care a grieving family deserves.
Generally three years to sue the at-fault driver, but some deadlines come much sooner. Your no-fault benefits require prompt action, with an application typically due within about 30 days of the crash, and a claim involving a government entity, like a city vehicle or a dangerous road, can require formal notice within about 90 days. Missing an early deadline can cost you coverage or a claim.
Those short no-fault and government deadlines are the ones that catch injured pedestrians, because they run long before the three-year window to sue. Given how serious pedestrian injuries are, getting the paperwork right early is critical. Our pedestrian accident attorneys handle the no-fault application and identify every deadline immediately, so nothing you're owed slips away.
Get emergency medical care first, always. Call the police so there's an official report, get the driver's information and insurance if you can, and photograph the scene, the vehicle, and your injuries. Get the names of witnesses, and be careful what you say to any insurer before talking to a lawyer. Then get medical follow-up even if you feel okay, because serious injuries can be masked by adrenaline.
The police report and the scene evidence matter enormously in pedestrian cases, where a driver may later claim you came out of nowhere. Witnesses and any nearby surveillance footage can be decisive. Getting our pedestrian accident lawyers involved early lets us preserve that evidence, handle the no-fault paperwork, and keep an insurer from using your own words against you.
Our pedestrian accident lawyers secure your benefits and build your case at the same time. From the start, our attorneys handle the no-fault application to protect your medical coverage and wage benefits, investigate the crash, preserve the evidence, and identify every party responsible for your injuries.
Our pedestrian accident attorneys gather the police report, surveillance and traffic-camera footage, witness statements, and physical evidence, and work with reconstruction and medical experts to prove fault and the full extent of your injuries. Our team pursues every responsible party and source of coverage, documents the lifetime impact of the injury, and prepares each case as if it's going to trial. Most cases resolve through negotiation or mediation, but our pedestrian accident lawyers build every one for trial, and our firm keeps these matters in house from start to finish.
Our pedestrian accident lawyers represent injured people and grieving families across Western New York, and our firm handles these cases the same way it handles every case, in house, start to finish, through settlement, trial, and appeal. Our attorneys know how New York's no-fault and coverage rules protect pedestrians, and how to hold a careless driver fully accountable.
These cases reward a firm that understands both the insurance side and the severity of pedestrian injuries, and that won't let an insurer blame a victim to save money. That's what our pedestrian accident attorneys bring, along with straight answers in plain language, so you always know where your case stands. You focus on healing. Our team will handle the investigation and the fight.
If you or someone you love was hit by a vehicle while walking in Buffalo or Western New York, the attorneys at Rosenthal, Kooshoian & Lennon, LLP are ready to help. Contact us for a free consultation, and a Buffalo pedestrian accident lawyer will review what happened, secure your benefits, and lay out your options, with no fee unless we recover for you.
Don't wait, because your no-fault benefits can require action within about 30 days and the evidence fades fast. The sooner our pedestrian accident lawyers start, the more our team can do to protect your coverage, preserve the proof, and pursue the full recovery you and your family deserve. Because the vehicle that hit you was on the road, our Buffalo car accident lawyer page covers related crash claims, and for the most serious injuries, our catastrophic injury lawyer page explains that overlap.
Call us 24/7 at 716-854-1300 to speak with a personal injury lawyer near you, or contact us for a FREE consultation.
Disclaimer: This page is for general information only and isn't legal advice. Reading it doesn't create an attorney client relationship. Insurance rules and deadlines can change; the principles described reflect New York law as of 2026, and how they apply depends on your specific situation. Every case is different, and prior results don't guarantee a similar outcome. For advice about a specific accident, please consult a licensed New York attorney.
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