Albany, NY (November 5, 2026) – A 78-year-old man was killed after being struck by a vehicle while crossing Western Avenue, according to Albany Police. Officers responded around 5:45 p.m. on November 5 to Western Avenue and Tryon Street for a crash involving a vehicle and a pedestrian, police said.
According to police, officers found the man in the road with serious injuries. The Albany Fire Department and emergency medical personnel treated him at the scene, and he was pronounced dead.
Police said it appears the man was trying to cross the street outside a crosswalk when an oncoming vehicle hit him. The driver was cooperative with the investigation and reported no injuries, according to police.
Albany Police are investigating the crash. The man’s name will not be released until proper notification is made, police said.
This is a developing story. Details may change as the investigation continues.
Your Rights After a Pedestrian Crash in Albany County
The National Highway Traffic Safety Administration reported 289 pedestrians killed in New York traffic crashes in 2024. Nationwide that year, 1,535 of the 8,019 people 65 and older killed in traffic crashes were pedestrians.
While police investigate, here is what applies to a pedestrian claim in New York:
- First steps: Ask Albany Police for the crash report number and the investigator’s contact. Note nearby cameras, since footage is overwritten quickly, and route insurer calls to one person or an attorney.
- Who may be liable: The driver, and the vehicle’s owner if that is someone else. After a death, the estate’s representative can bring a wrongful death claim for the family and a survival claim for the person’s own losses.
- If fault is shared: Police said it appears the man was crossing outside a crosswalk, which does not by itself decide fault. New York requires every driver to use due care to avoid hitting a pedestrian on any roadway (Vehicle and Traffic Law § 1146). A 2026 change to CPLR § 1411 added a stricter rule for some motor vehicle injury lawsuits. It bars recovery when the claimant’s fault equals or exceeds the defendants’ combined fault. An attorney checks how it fits a death claim.
- Insurance that may apply: No-fault benefits are paid regardless of fault. Written notice to the insurer is generally due within 30 days of the crash, which falls on December 5, 2026.
- Deadline: Wrongful death claims must generally be filed within two years of death (EPTL § 5-4.1), which puts the deadline at November 5, 2028.
How Stanley Law Helps After a Pedestrian Crash in Upstate NY
After a fatal crash, a family should not have to chase insurers, police reports, and funeral bills while grieving. Our Upstate New York pedestrian accident attorneys take that work on, from the first insurer call to the final settlement.
We obtain the crash report, secure camera footage before it is overwritten, and build the wrongful death claim around everything the family has lost.
Our nearest office is in Oneonta at 166 N Main St, Oneonta, NY 13820. Call us to arrange a virtual consultation, or send the details through our contact form.
