Albany's Sorely Lacking Sidewalks Can Be a Danger to Wheelchair Users
Uneven or damaged walking surfaces are a danger to anyone, but they can be particularly challenging for the handicapped. Do you know what to do if a sidewalk flaw caused you an injury?
May 23, 2012
An elongated crack, a random upheaval -- less than perfect sidewalks can send almost anyone caught off guard tumbling. For those in wheelchairs, shoddy sidewalks can even mean a complete lack of mobility.In New York State, a person in a wheelchair is considered a pedestrian, and is subject to all pedestrian traffic laws. Yet, the neglected state of a good number of sidewalks in Albany can make compliance with the law difficult or impossible, substantially raising the risk of pedestrian accidents.
Wheelchair Users Can Be Forced Into Traffic Due to Unsafe Sidewalks
If you are traveling along a road in New York State by foot or via wheelchair, you are required to use the sidewalk if one is provided. However, wheelchair users on the road, traveling next to or amongst traffic, have become a noticeably common site in the Albany area.
"It could well be that where you see wheelchairs using the roadways that have sidewalks adjacent to them that the sidewalks in that area are in disrepair and therefore cannot be used safely," Sergeant Daniel Larkin of the New York State Police told Times Union. For wheelchair users forced into the streets, he added that "it would be advisable to wear brightly colored clothing in order to improve their visibility."
Disrepair is not the only sidewalk issue that can affect wheelchair users: some Albany sidewalks are in perfectly good shape, but were simply never constructed with the handicapped in mind.
"In downtown Albany, there are several streets that do not have curb cuts," Deborah Williams-Muhammad, a local activist who herself spent 11 years in a wheelchair, said in an interview with Times Union.
Even where there are curb cuts, cold weather can leave residual ice and snow that makes their use impossible.
Been Injured Because of Some Sidewalk Problem? Get Legal Help
In the city of Albany, property owners have a duty to keep the sidewalks abutting their property serviceable, clear of debris, ice and snow. The city itself has similar duties of maintenance toward the sidewalks it controls, and must repair obvious hazards.
When some problem with a sidewalk forces a wheelchair user into the street, or causes anyone to fall, serious injury can occur. If you have been injured because of a negligently maintained sidewalk, you may have a right to compensation from the party or parties responsible for its upkeep. Contact an Albany pedestrian accident lawyer today to learn more.
Article provided by O'Connor, O'Connor, Bresee & First, P.C.
Visit us at www.upstatenyautoaccidentinjurylaw.com