According to data published by the Centers for Disease Control and Prevention (CDC), nearly 6,000 pedestrians are killed and tens of thousands more are seriously injured in accidents in the United States each year. Western New York sees more than its fair share of serious pedestrian accidents.

At Richmond Vona, LLC, our Buffalo pedestrian injury attorneys are committed to providing high-quality, results-focused representation to injured victims throughout Western New York. If you or a loved one was seriously injured in a pedestrian accident, please contact our Buffalo law office for a free, confidential initial consultation.

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“He is a miracle worker. He found someone who knew my Dad who had passed away over 50 years ago. No easy feat. He works very, very hard for his clients. Knowledgeable and kind. I highly recommend him”

Colette M.

An Overview of Pedestrian Accident Liability in New York

New York is a no fault insurance state. Contrary to some myths, a pedestrian accident can in fact fall under the state’s no fault system. If you suffered a minor or moderate injury in a pedestrian collision in Western New York, then you likely have a no fault case.

You can step outside of the no fault system, however, and hold a negligent driver responsible for a pedestrian accident if you suffered a serious injury in the collision. To meet New York’s serious injury threshold, plaintiffs typically must prove that their injuries disabled them for at least 90 of the first 180 days immediately after the accident, or worse. When drivers cause serious injuries to pedestrians through carelessness, recklessness, or other forms of negligence, they can be held legally liable for any resulting injuries. Some of the leading causes of pedestrian accidents include:


Running red lights

Running stop signs

Distracted driving

Texting while driving

Intoxicated driving

Both Keith and John were named to the Top 100 Civil Plaintiff Trial Lawyers in New York by The National Trial Lawyers.

John was named to the Top 40 Under 40 Civil Plaintiff Trial Lawyers in New York by The National Trial Lawyers three consecutive years in a row.

John and Keith were both selected as Upstate New York Rising Stars by Super Lawyers, a Thomson Reuters publication.

$100M Settlements

Keith has been involved in trial verdicts totaling in excess of $17 million and settlements valued at more than $100 million on behalf of his clients.

United States Marine Corps & Police Officer

Keith has served in the United States Marine Corps and worked as a police officer for the City of Buffalo, where respect and honor are two of the foremost values.

Understanding New York’s Comparative Fault Laws

New York is a pure comparative negligence state (N.Y. C.P.L.R. § 1411). Under New York law, a plaintiff’s financial recovery will be reduced in proportion to their own negligence—but it will not be barred. For example, imagine that a person suffered $20,000 in financial damages in an accident. If they are deemed to be 40 percent at fault for their own accident, their recovery will be reduced by 30 percent. In other words, they will only be able to recover $12,000 in damages, instead of the full $20,000. This has important implications for fault-based pedestrian injury claims as large insurance companies often try to blame an injured pedestrian for part, or all, of their own accident.

Injured Pedestrians Deserve Full Financial Compensation

Establishing liability is only one step in the personal injury claims process. Injured pedestrians must also prove the value of their losses. With limited exceptions, injured pedestrians can only recover compensation that is tied to specific damages. The large insurance companies look for any opportunity that they can find to limit recovery. At Richmond Vona, LLC, our Buffalo pedestrian injury lawyers fight tirelessly to help injured pedestrians maximize their financial support. Through a pedestrian accident claim, you may be entitled to compensation for:

  • Ambulance costs and emergency room care
  • Other medical bills and related expenses
  • Physical therapy and rehabilitative care
  • Loss of current and future wages
  • Pain and suffering
  • Scarring or permanent physical impairment
  • Loss of life enjoyment
  • Wrongful death


Buffalo Pedestrian Injury FAQs

What is the Statute of Limitations for a Pedestrian Accident in New York?

Under New York law, injured pedestrians have three years from the date of the crash to file a personal injury claim (N.Y. C.P.L.R. § 214). If you do not take action before the deadline, your pedestrian accident case will be time barred as a matter of law.

How Do I Protect My Rights If I Was Struck By a Hit-and-Run Driver?

If you were struck by a hit-and-run driver, call an experienced Buffalo, NY pedestrian accident lawyer immediately. Your lawyer will take action to protect your rights—from working to track down the responsible driver to exploring options to bring a claim through your own insurance policy.

Can I Still Recover If My Pedestrian Collision Occurred Outside of a Crosswalk?

Yes—but, depending on the circumstances, an opposing insurance company may try to push some of the blame onto you in order to reduce their liability. When pedestrians are deemed partially liable for their own accident, they can be held partially at fault.

At Richmond Vona, LLC, our New York motor vehicle accident attorneys have the skills, experience, and tenacity to represent injured pedestrians. If you or your family member was injured in a pedestrian collision, we are here to help. Call us today for a free, no obligation review of your case. From our office in Buffalo, we represent injured pedestrians throughout Western New York, including in Erie County, Wyoming County, and Niagara County.

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