Elmwood Avenue between North Street and Forest is one of the most walkable stretches in Buffalo. Shops and restaurants sit right on the sidewalk, Buffalo State students stream south from Rockwell Road, and on a summer Saturday the Bidwell Parkway farmers market fills the median. That’s also why so many people get hit here. Cars hunt for parking, doors swing open, and drivers turning off Elmwood look for traffic, not people.
Where do crashes tend to happen?
- Elmwood and Bidwell, Elmwood and Forest, Elmwood and West Ferry. Busy crossings with turning traffic and heavy foot traffic.
- The Delaware Park edges. Joggers and cyclists meet traffic on Lincoln Parkway, Nottingham Terrace and around Hoyt Lake.
- Richmond Avenue and Ferry Circle. Drivers entering the circle watch for cars, not pedestrians.
- Near Buffalo State. Students crossing Elmwood and Grant Street at all hours.
Who pays your medical bills?
A pedestrian or cyclist hit by a car in New York can usually claim no-fault benefits. Generally, the insurer of the car that hit you pays, up to $50,000 for medical bills, lost wages and some other costs, regardless of fault. Give written notice within 30 days. Our no-fault guide explains the process. When the driver was uninsured or drove off, see the MVAIC guide.
What does the law say about drivers and pedestrians?
New York law requires drivers to yield to pedestrians in crosswalks when there’s no signal, and to use due care to avoid hitting pedestrians and cyclists anywhere. Turning drivers must yield to people crossing with the light. Pedestrians have duties too, like not stepping suddenly into the path of a car too close to stop. These rules feed directly into how fault is split.
What about doorings?
Under Vehicle and Traffic Law 1214, no one may open a car door on the traffic side unless it’s reasonably safe and doesn’t interfere with traffic, and a door can’t be left open into traffic any longer than it takes to load or unload. Parked cars line both sides of Elmwood, and the bike lanes run right through the door zone. A cyclist doored here generally has a claim against the person who opened the door, and that driver’s auto policy usually responds.
How does the 2026 fault rule affect pedestrians?
For no-fault crash cases filed on or after May 26, 2026, a pedestrian or cyclist who is more at fault than the drivers combined can’t recover. Before, they could recover a reduced share no matter what. That makes it important to document the scene. Was the walk signal on? Was the crosswalk marked? Was the driver turning? See our fault guide.
Do bike helmets matter?
New York requires helmets for bicycle riders under 14. For adults, not wearing a helmet isn’t against the law, and insurers can’t use it to argue you caused the crash. They may still argue it affected a head injury. Wearing one takes that argument off the table.
What should you do after being hit?
- Call 911 and get checked, even if you feel okay. Adrenaline hides injuries.
- Photograph the car and its plate, and collect the driver’s insurance details.
- Ask witnesses for phone numbers. Elmwood always has people around.
- Note nearby businesses with cameras. Ask them to save footage.
- Keep your damaged bike, helmet and clothing.
What about sidewalk falls and potholes?
If a heaved sidewalk slab or a pothole caused the injury, the claim may be against the City of Buffalo or a property owner. A notice of claim against the city is due within 90 days. Read our notice of claim guide.
The short version
- Pedestrians and cyclists hit by cars usually get no-fault from the car’s insurer.
- Drivers must yield in crosswalks and check before opening doors.
- The 2026 fault rule can block a walker or rider found more at fault than the drivers.
- Claims involving city sidewalks or streets need notice within 90 days.
Due care toward walkers and riders, and the dooring rule
Elmwood Avenue, Bidwell Parkway and the paths around Delaware Park put walkers and cyclists next to parked cars and turning drivers. VTL § 1146 requires every driver to exercise due care to avoid colliding with a bicyclist, pedestrian or a supervised domestic animal on the roadway, and to sound the horn when necessary. A driver who causes physical injury to a pedestrian or bicyclist while failing to use that due care commits a traffic infraction that can be punished by a fine of not more than $500, imprisonment of not more than 15 days, or both, and the statute creates a rebuttable presumption that the failure to use due care caused the injury. A serious physical injury raises the fine to as much as $750 and can include a required accident-prevention course and a license or registration suspension. A second conviction of those injury subdivisions within five years is a class B misdemeanor, with a fine of not more than $1,000 in addition to other penalties.
Dooring has its own rule. VTL § 1214 says no person may open a motor vehicle door on the side available to moving traffic unless and until it is reasonably safe to do so and can be done without interfering with other traffic, and no one may leave a door open on that side longer than necessary to load or unload passengers.
This is general information. To talk to someone about your crash, browse pedestrian accident attorneys or bicycle accident attorneys.