Pedestrian Accident Lawyers in Buffalo, Rochester, and Syracuse, NY

Pedestrian accidents can cause life-changing injuries and death. There is a shared responsibility between walkers and drivers to maintain pedestrian safety, but unfortunately, there are numerous ways in which pedestrian accidents occur. If you or a loved one was injured by someone or something else while walking, please call the experienced pedestrian accident attorneys at Lipsitz, Ponterio & Comerford, LLC today.

According to the New York State Department of Health, over 12,000 New York State residents go to the emergency room for care each year due to pedestrian accidents, and more than 300 die from their injuries. Nationwide, more than 6,000 people die each year in pedestrian accidents.

Pedestrian Accident Lawyers in Buffalo, NY Lipsitz, Ponterio & Comerford

Pedestrian accidents cause injuries and fatalities in several ways. A construction crane can break and drop debris on bystanders, a vehicle’s brakes can fail, a driver might run a stop sign, or a local business may neglect to clear hazardous ice from the walkway.

Time is of the essence when filing a claim for pedestrian injuries in New York State. Generally, wrongful death lawsuits must be filed within two years, and personal injury lawsuits within three years. However, these limitations can be much shorter when a municipality or other government entity is involved. Don’t let the clock run out or try to deal with your injuries on your own.

Let the experienced pedestrian accident lawyers at Lipsitz, Ponterio & Comerford, LLC, help. We’ll fight for justice and the compensation that you deserve for your injuries.

Common Causes of Pedestrian Accidents

Pedestrian accidents in Syracuse, Buffalo, and Rochester happen in a number of ways. Car accidents, construction and sidewalk hazards are common reasons for pedestrian accidents.

Getting Hit By a Car

The most common cause of pedestrian accidents in New York state is automobiles. Drivers may be intoxicated, distracted, or driving too fast.

Common reasons for pedestrian-related auto accidents include:

  • Distracted driving
  • Driving over the speed limit
  • Driving under the influence of drugs or alcohol
  • Vehicle mechanical failures
  • Bad weather conditions
  • Driving carelessly
  • Driving while texting
  • Driving recklessly
  • Ignoring traffic signs or signals

In cases where the driver was acting carelessly or recklessly, they could be at fault for the injuries or deaths they caused.

Construction Accidents

Another common cause of pedestrian accidents in cities like Buffalo, Rochester, or Syracuse is construction accidents.

Walking through a construction zone is risky, particularly if there is a lot of activity nearby. Construction workers might drop tools or materials from scaffolding, or the wind may cause materials to fly around and hit people passing through.

Equipment failures happen, as well. If a crane breaks and pieces of it drop to the ground, pedestrians can be severely injured.

Sidewalk Hazards

Sidewalk hazards are another common source of pedestrian accidents in New York. A local shop owner may neglect to clear ice off the sidewalk in front of his store, leaving pedestrians at risk of slipping and breaking a bone when they walk past.

A liquor store may have shards of glass scattered from a broken bottle, causing you to severely cut your foot.

Whatever the circumstances, pedestrian accidents happen, often in busy cities. When you’ve been injured through the negligence or intentional acts of another person, you deserve to be compensated.

Seek the justice you deserve. Turn to the experienced legal team at Lipsitz, Ponterio & Comerford, LLC. We’ll help you to fight for the compensation you’re owed.

What Kinds of Damages Can I Seek in a Pedestrian Accident?

When someone else has caused you harm through an intentional act or negligent behavior, you shouldn’t have to face the consequences of their actions on your own. When you reach out to the team at Lipsitz, Ponterio & Comerford, LLC, our skilled pedestrian accident attorneys will help you to pursue all of the compensation you deserve.

For pedestrian accidents, the most common forms of compensation are economic damages and non-economic damages.

Economic Damages

Economic damages are quantifiable expenses, such as medical bills.  Money is most often paid to cover medical bills and related expenses, but financial compensation can also account for things like lost wages due to time taken off from work.

If a car accident causes a pedestrian injury, the injured party may need emergency medical care. They may require ambulance transport, emergency room services, and a hospital stay.

If the injuries are severe, the pedestrian may need rehabilitation services and therapy. Even minor accidents can cause the person to take time away from work, causing them to lose a portion of their income.

Economic compensation for pedestrian accidents can take many forms, including:

  • First aid services
  • Emergency room care
  • Emergency transportation
  • Admission to the hospital
  • Extended hospital stays
  • Tests and scans
  • Doctors’ bills
  • Surgery expenses
  • EMT bills
  • Rehabilitation services
  • Physical therapy
  • Prescriptions and medications
  • Lost time from work
  • Loss of future earnings
  • Disability care

When you’ve been injured in an accident as a pedestrian, the chances that you will need ongoing medical care increase.

Pedestrians do not walk around with life-preserving armor in place. They are more vulnerable to injury and death than someone in a car, for example, because the car has safety measures built in to protect its occupants.

If you’re the victim of a pedestrian accident, Lipsitz, Ponterio & Comerford, LLC, is here to make sure you get the care you deserve without having to foot the bill.

 Non-Economic Damages

Damages that are not directly related to a financial expense are referred to as non-economic damages.

Some types of non-economic damages are direct while others are more subtle. Examples can include:

Fear and shock

  • Physical suffering
  • Anxiety and distress
  • Change in lifestyle
  • Embarrassment and humiliation
  • Reduction of pleasure

Some of the items in this list may seem vague and undefined. That’s because the details of each accident will vary.


If a budding actress is struck by flying debris in a construction zone, she may suffer a physical disfigurement that causes her to feel embarrassed to go out in public. She may change her entire life because of the accident.

A young mother may have her life completely changed in an accident if she loses a limb and is no longer able to hold her children. A dancer may lose six weeks of work while waiting for a sprained ankle to heal. In each case, the details matter.

When you partner with the pedestrian accident lawyers at Lipsitz, Ponterio & Comerford, LLC, you can rest assured that we’ll take everything that matters into account as we pursue your pedestrian accident case.


Negligence can take many forms. If you’ve been injured in a pedestrian accident that was caused by sidewalk hazards or a driver disobeying traffic laws, you may have cause for claiming negligence.

Generally, when someone is careless or reckless and that causes an injury, they’re liable for negligence. Common ways pedestrian accidents occur due to negligence include:

  • Drivers speeding
  • Drivers running traffic lights
  • Drivers texting
  • Store owners failing to warn about known hazards
  • Premises that have fallen into disrepair

Pedestrians can be found negligent in full or in part as well. If a pedestrian runs out into traffic, crosses against a light, or otherwise acts recklessly, they can be held partially or fully liable for an accident.

Defective Products

A less common culprit of pedestrian accidents is defective products.

Let’s say a construction company’s scaffolding collapses and injures pedestrians who were walking by. In most cases, the construction company would be liable for the economic and noneconomic damages caused.

During the course of litigation, if it was discovered that the scaffolding material was defective, then the company that made the product may be liable.

This type of legal complexity is why you need help from the seasoned pedestrian accident attorneys at Lipsitz, Ponterio & Comerford, LLC. We take care of the details so you don’t have to.

Have You Been in a Pedestrian Accident?

If you were involved in a pedestrian accident, there are critical and immediate steps to take.

Call the Police

If there are no life-threatening injuries, call the police and wait for them to arrive. They will record all details of the accident. They’ll likely take witness statements and pictures for the official record. These details and records will support your personal injury case later.

Seek Medical Care

If anyone has major injuries, call 911 and request an ambulance immediately. If an ambulance is not required, be seen by a qualified physician as soon after the accident as possible.

Sometimes, the adrenaline from the event will mask aches and pains that might indicate larger medical problems. Get a full checkup and retain copies of the medical records related to the accident.

Do Not Apologize

Do not apologize to anyone for any reason. Don’t say something to a bystander or to the other people involved in the accident on a whim. Sometimes, saying that you’re sorry can be construed as an admission of guilt, and this can cause problems when pursuing your personal injury claim.

Lipsitz, Ponterio & Comerford, LLC has been representing those who have been injured in Rochester, Syracuse, and Buffalo, NY, since 1995. Together, our Buffalo pedestrian accident attorneys have almost 100 years of experience and have recovered billions of dollars in damages for our clients.

If you or a loved one has been injured in a pedestrian accident in Buffalo, Rochester, or Syracuse, NY, please contact us for a free and confidential evaluation.

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