At the Winter Convention of the American Association for Justice (“AAJ”) in San Diego, attorney Kate Feroleto was invited to present to personal injury attorneys from across the country on the topic of “Hidden Hazards in Pedestrian Cases.” The national program focused on educating trial lawyers about frequently overlooked liability factors that can significantly influence pedestrian injury litigation — including roadway design defects, improper signage, signal timing failures, visibility limitations, and driver behavior patterns.
The presentation emphasized that pedestrian crashes are often far more complex than they initially appear. While many cases are framed as simple driver-versus-pedestrian disputes, deeper investigation frequently reveals environmental, design, and systemic hazards that may contribute to how and why these collisions occur — and who may ultimately bear responsibility.
Why Hidden Hazards Matter in Pedestrian Injury Litigation
Pedestrians are uniquely vulnerable. Without the protection of a vehicle, even low-speed impacts can cause catastrophic injuries, broken bones, brain injuries, and sometimes death. But beyond the force of impact, subtle and preventable hazards often shape both the severity of injuries and the legal analysis of liability.
In New York pedestrian accident cases, identifying these hidden hazards early can significantly affect case evaluation, investigation strategy, and potential defendants.
1. Poorly Designed Crosswalks and Intersections
Intersection design plays a central role in pedestrian safety. Frequently overlooked hazards include:
– Obstructed sightlines caused by parked vehicles, landscaping, signage, or roadway curvature
– Inadequate signal timing that leaves pedestrians stranded mid-crossing
– Faded or poorly marked crosswalks
– Confusing traffic patterns that increase turning conflicts
These factors may raise questions not only about driver negligence, but also about roadway design and maintenance responsibilities.
2. Turning Vehicles and Driver Attention Failures
A significant percentage of pedestrian collisions occur during turning movements. Drivers turning right on red or making left turns may focus on oncoming traffic while failing to scan for pedestrians in crosswalks.
Additional contributing factors may include:
– Blind spots from larger vehicles
– Obstructed mirrors or pillar obstructions
– Distracted driving
– Failure to anticipate pedestrian presence in high-foot-traffic areas
Thorough investigation often includes examining vehicle positioning, sightlines, traffic control devices, and roadway geometry.
3. Improper or Inadequate Signage
Improper signage can create dangerous conditions for both pedestrians and drivers. Examples include:
– Missing pedestrian crossing warnings
– Inconsistent or contradictory signage
– Lack of advance warning in high-speed areas
– Temporary construction signage that redirects pedestrian traffic into unsafe zones
In some cases, failure to properly maintain or install traffic control devices may be a contributing factor in the crash.
4. Lighting, Weather, and Environmental Conditions
Reduced visibility plays a major role in many pedestrian injury cases.
Contributing environmental hazards may include:
– Inadequate street lighting
– Glare from sunlight at certain times of day
– Snowbanks blocking sightlines
– Poor drainage causing puddling or ice accumulation
Documenting these conditions promptly can be critical, as roadway and lighting conditions may change after the incident.
5. Mid-Block Crossings and Comparative Fault Issues
When a pedestrian is struck outside of a marked crosswalk, liability analysis becomes more nuanced. However, mid-block location alone does not automatically determine fault.
Key questions often include:
– Was there a safe crossing alternative nearby?
– Was the area known for pedestrian activity?
– Did roadway design encourage or funnel pedestrian movement?
– What was the driver’s speed and attentiveness?
Careful factual analysis is essential in evaluating comparative negligence arguments.
The Importance of Thorough Investigation
As discussed during the national presentation at the AAJ convention, identifying hidden hazards requires more than reviewing a police report. It often involves immediate attention to:
– Scene inspections
– Photographic and video documentation
– Traffic signal timing analysis
– Accident reconstruction
– Review of roadway design plans and maintenance records
In pedestrian injury litigation, early investigation can significantly influence how liability is understood and presented.
If you or a loved one has been injured in a pedestrian accident in Buffalo or anywhere in Western New York, don’t wait. Evidence can disappear quickly and strict deadlines apply.
At Feroleto Law, we have decades of experience holding negligent companies and securing meaningful compensation for injured clients. We put our clients first and fight relentlessly for justice.
Call 716-854-0700 or fill out our form to request a free case review.
