Being involved in a pedestrian accident can leave you feeling overwhelmed and uncertain about your next steps. If you are recovering from such an experience, you may have questions about your rights, especially if you believe you might be partially at fault. McDonald At Law firm is here to help you understand your legal options and pursue the best possible outcome for your case. We know this is a stressful time, and we are here to provide guidance and support when you need it most.
Understanding Shared Fault in Pennsylvania
In Pennsylvania, the legal concept of comparative negligence determines how fault is allocated in an accident involving multiple parties. This system acknowledges that more than one person can contribute to an accident. Comparative negligence allows an injured person to recover compensation even if they were partially responsible for the incident, provided their degree of fault does not exceed a certain threshold.
Under Pennsylvania law, as long as you are not more than 50 percent at fault for the accident, you can still file a claim to recover damages. However, the amount of compensation you may receive will be reduced by your percentage of fault. This means if you were found to be 20 percent at fault for an accident, your total recovery would be reduced by that same percentage.
How Partial Fault is Determined
Determining fault in a pedestrian accident often involves a thorough investigation of the circumstances surrounding the event. This process typically includes reviewing police reports, examining witness statements, and analyzing any available surveillance footage. For example, if a pedestrian crossed the street outside of a crosswalk or failed to obey traffic signals, this behavior may contribute to their share of fault.
It is also important to consider the actions of the driver involved. A driver may have been speeding, distracted, or otherwise negligent. These factors are weighed carefully when determining how much responsibility each party bears. Pennsylvania courts aim to establish a clear understanding of how the accident occurred to allocate fault accurately.
“Highly Recommended” is the epitome of an understatement when it comes to the firm of McDonald At Law!! Michael McDonald’s genuine pleasant, and empathetic demeanor masks his legal astuteness, and the level of aggressiveness he implements in pursuit of a victim’s right and the monetary compensation legally entitled to us. I was involved in a motor vehicle accident at the hands of an intoxicated driver in York County. In my case I suffered what I described as an atypical injury, Mr. McDonald offered to be my Lawyer immediately after explaining to him the events leading to and after being struck in turn causing me to have a heart attack, when another law firm seemed hesitant. McDonald At Law secured a sizable monetary compensation that not only met my expectation but exceeded it. Mr. McDonald’s wealth of experience, and legal prowess is priceless and never did he act as the case was beneath his practice. In the end my family and I were well compensated, but also felt justified. Thank you McDonald At Law!!- Miguel Lopez
The Role of Evidence in Your Claim
When filing a claim, gathering strong evidence is essential. Evidence not only helps establish liability but also supports your argument for the compensation you deserve. Examples of evidence in pedestrian accident cases include medical records, photographs of the scene, and analysis of traffic patterns.
Even if you believe you are partially at fault, it is critical to work with a legal team that understands how to build a compelling case. Your lawyer can ensure that all relevant evidence is preserved and used to present the best possible argument on your behalf.
Types of Damages You May Recover
Pedestrian accident victims often face significant physical, emotional, and financial challenges. If you are eligible to file a claim, you may be able to recover compensation for a variety of damages. These can include medical expenses, lost wages, and pain and suffering.
Even if you are partially at fault, you should not assume that you are ineligible to recover damages. Pennsylvania’s comparative negligence laws are designed to ensure that individuals who have suffered harm due to another party’s negligence can still seek justice.
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Why Legal Representation is Important
Navigating the legal process after a pedestrian accident can be complex, especially if there is a dispute over fault. Without legal representation, you may find it difficult to advocate effectively for yourself. A lawyer with experience handling pedestrian accident cases can provide the support you need, guiding you through each step of the process.
Your attorney will evaluate the evidence, negotiate with insurance companies, and ensure that your rights are protected. They can also help you understand how Pennsylvania’s comparative negligence laws apply to your situation and what this means for your claim.
Overcoming Challenges in Partially Faulted Cases
When a pedestrian accident involves shared fault, insurance companies may try to reduce or deny your claim by emphasizing your role in the incident. This is why having a strong legal advocate on your side is critical. Your attorney can push back against these tactics, ensuring that your voice is heard and your side of the story is fairly represented.
A lawyer can also help you explore alternative avenues for compensation, such as seeking coverage under your own insurance policy if applicable. By working with a legal team, you can maximize your chances of receiving the financial support you need to recover from your injuries and move forward with your life.
Verdicts & Settlements
Seeking Justice Through Negotiation or Litigation
One of the most challenging aspects of any pedestrian accident case is negotiating with insurance companies or, if necessary, pursuing a lawsuit. Insurance adjusters often aim to minimize payouts, and they may attempt to use Pennsylvania’s comparative negligence laws against you. A skilled attorney can negotiate on your behalf, presenting clear evidence to counter these arguments and ensuring that the focus remains on the driver’s negligence.
When settlement negotiations fail to provide fair compensation, your case may need to proceed to court. Although litigation can be intimidating, it is often the best way to achieve justice. A legal team experienced in pedestrian accident cases will be prepared to build a strong case for trial, presenting evidence and legal arguments that highlight the negligence of the driver while addressing any claims of shared fault.
Understanding the Role of Insurance in Your Claim
In Pennsylvania, both drivers and pedestrians may carry insurance policies that can impact how compensation is recovered. For example, if you carry a health or auto insurance policy with personal injury protection, you may be able to use this coverage to address some of your medical expenses while your claim is being processed. This can provide financial relief while awaiting a resolution to your case.
However, dealing with multiple insurance policies can complicate the claims process. It is important to have legal representation that understands how these policies interact and can identify every potential source of compensation. This ensures that you do not leave money on the table that could help with your recovery.
Protecting Your Rights After an Accident
Every pedestrian accident case is unique, but one thing remains consistent: your right to seek justice should be respected. Even if you made a mistake, such as jaywalking or crossing without a signal, it does not eliminate the driver’s duty to operate their vehicle responsibly. Holding negligent drivers accountable not only helps you recover compensation but also promotes safer behavior on the roads.
Time is critical when pursuing a claim. Evidence can be lost, witnesses may become harder to locate, and legal deadlines can pass. Taking action quickly by consulting with an attorney ensures that your case is handled efficiently and effectively.
Moving Forward After a Pedestrian Accident
If you were involved in a pedestrian accident and believe you may have been partially at fault, it is natural to feel uncertain about your options. Understanding Pennsylvania’s comparative negligence laws can help you see that filing a claim may still be possible. With the right legal team, you can pursue justice and work toward a resolution that addresses your needs.
At McDonald At Law, we are committed to helping pedestrians who have been injured in accidents, regardless of the circumstances. We understand how overwhelming this process can feel, and we are here to provide the guidance and support you deserve. Contact us today to discuss your case and take the first step toward the resolution you need.