A tragic pedestrian fatality occurred on Interstate 90 in Hamburg, New York, in the early morning hours of August 18. According to New York State Police, a 60-year-old man from Florida was struck and killed by a tractor-trailer while walking in the driving lane of the interstate around 4:48 a.m.
The incident began when the pedestrian left a nearby hotel and walked onto I-90, entering the active driving lane where he was struck by a 2023 Kenwood tractor-trailer. The truck driver initially thought they had hit a deer and continued driving. However, after later reviewing dashcam footage, the driver realized they had struck a person and contacted police. Troopers found the victim deceased in a nearby ditch. The Erie County Medical Examiner's Office responded to the scene, and police have determined there are no signs of foul play, with the incident being consistent with an accidental death. You can read more about this tragic incident in the original news report.
Common Causes of Pedestrian-Vehicle Accidents
Pedestrian accidents involving large commercial vehicles like tractor-trailers can occur for various reasons. Understanding these common causes helps highlight the serious nature of these incidents:
- Poor visibility conditions, especially during early morning, evening, or nighttime hours when pedestrians may be difficult to see
- Driver fatigue or inattention, particularly common among commercial drivers on long-haul routes
- Pedestrians walking on highways or in areas not designated for foot traffic
- Inadequate lighting on roadways or in areas where pedestrians might be present
- Distracted driving, including use of electronic devices or other activities that take attention away from the road
- Failure to maintain proper following distances or speeds appropriate for conditions
- Vehicle blind spots, which are particularly large for commercial trucks and tractor-trailers
When negligence on the part of a driver, trucking company, or other responsible party contributes to a pedestrian accident, victims and their families may be entitled to pursue legal compensation for their losses.
Wrongful Death Claims in Western New York Pedestrian Accidents
Pedestrian accidents involving commercial vehicles often result in catastrophic injuries or wrongful death due to the significant size and weight difference between a large truck and a person on foot. In cases where negligence contributed to the accident, several parties may potentially be held liable, including the truck driver for failure to maintain proper lookout or driving while fatigued, the trucking company for inadequate driver training or pushing drivers to meet unrealistic deadlines, vehicle manufacturers if mechanical defects contributed to the accident, or government entities responsible for road design and maintenance if inadequate lighting or signage played a role.
Families who have lost a loved one in a pedestrian accident may be able to pursue wrongful death compensation, which can include medical expenses incurred before death, funeral and burial costs, lost income and future earnings the deceased would have provided, loss of companionship and emotional support, and pain and suffering experienced by surviving family members. Additionally, if the pedestrian survived but sustained serious injuries, they may be entitled to compensation for medical bills, rehabilitation costs, lost wages, pain and suffering, and long-term care needs. It's important to understand that every case is unique, and successful outcomes depend on the specific facts and circumstances involved.
Damages and Compensation in Pedestrian Accident Cases
Understanding the types of damages available in pedestrian accident cases is crucial for victims and their families. Economic damages cover quantifiable financial losses, including all medical expenses from emergency treatment through long-term rehabilitation, lost wages and reduced earning capacity, and future medical care costs.
Non-economic damages address the intangible impacts of the accident, such as physical pain and suffering, emotional distress and trauma, loss of enjoyment of life, and in wrongful death cases, loss of companionship and guidance.
Compensation is calculated based on various factors including the severity of injuries, impact on the victim's ability to work and enjoy life, medical evidence and expert testimony, and the degree of negligence involved. Evidence needed to support a claim includes medical records, accident reconstruction reports, witness statements, and documentation of financial losses. The purpose of compensation extends beyond simply covering costs – it aims to restore victims and families to their pre-accident position as much as possible, hold negligent parties accountable for their actions, and deter similar incidents in the future. For those interested in learning more about how we help clients navigate these complex cases, you can contact our experienced legal team for guidance.
The Importance of Legal Representation in Pedestrian Accident Cases
Pedestrian accidents involving commercial vehicles present unique legal challenges that require experienced representation. Trucking companies and their insurance carriers often have teams of investigators and attorneys working to minimize their liability immediately after an accident occurs. Having knowledgeable legal counsel ensures that crucial evidence is preserved, witness statements are obtained, and your rights are protected from the very beginning.
The investigation process in these cases is complex and may involve accident reconstruction experts, commercial vehicle inspection records, driver logs and electronic monitoring data, and analysis of road conditions and visibility factors. Insurance companies representing commercial trucking operations are particularly aggressive in defending these cases due to the potential for significant damages. This is why it's essential to have experienced trial lawyers who understand the tactics used by these companies and are prepared to fight for full and fair compensation. If you're dealing with the aftermath of a pedestrian accident, don't hesitate to reach out to our team at info@porterlawteam.com to discuss your situation.
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Why Choose Porter Law Group?
The attorneys at Porter Law Group bring decades of experience representing individuals and families whose lives have been forever changed by devastating pedestrian accidents and wrongful death cases. We have secured some of the largest settlements and verdicts in courts throughout New York State, and we're a statewide firm that handles complex cases with a personal, hometown approach.
Our clients turn to us seeking answers and guidance during their most difficult times. With seasoned trial lawyers on our team, Porter Law Group has the resources and expertise necessary to handle the most challenging cases against powerful insurance companies that will do everything possible to deny you the compensation you deserve. We understand the tactics these companies use, and we're prepared to fight back aggressively on your behalf.
You only get one opportunity to hire the right legal team for you and your family. Choose the lawyers most highly recommended by former clients and fellow attorneys – the firm known for achieving superior results. When you or a loved one's life has been devastated by a serious pedestrian accident in New York, don't make the mistake of hiring a lawyer without first calling Porter Law Group to learn why so many of our clients are grateful they trusted us with their case during their time of greatest need.
Contact Our Pedestrian Accident Attorneys Today
If you or someone you love has been injured or killed in a pedestrian accident in New York, don't wait to seek the legal help you need. Contact the experienced legal team at Porter Law Group today for a free, no-obligation consultation. We're ready to guide you through New York's complex legal process while you focus on healing and moving forward. We proudly serve clients throughout New York State and understand the urgency of acting quickly after a serious accident to protect your rights and preserve crucial evidence.
Call 833-PORTER9 or email us at info@porterlawteam.com to schedule your free consultation. Time may be limited for filing your claim, so reach out today to learn how we can help you through this difficult time.
