Pedestrian safety is an important issue, especially in places like Pennsylvania where busy roads and intersections can make walking in certain areas dangerous. Pedestrians have a right to feel safe while walking along streets, crosswalks, and sidewalks. However, accidents involving vehicles and pedestrians can happen. When they do, it is important to understand the legal rights that pedestrians have.
If you or someone you know has been injured in a pedestrian accident in Pennsylvania, understanding the law and knowing what steps to take can help protect your rights. In Pennsylvania, the law gives pedestrians protections under certain circumstances, but knowing the details of those protections can help ensure that you receive the compensation you may deserve. At, McDonald At Law, we are here to guide you through the legal process and help you navigate the complexities of your case.
Who Is Considered a Pedestrian?
Before diving into pedestrian rights, it is important to understand who is considered a pedestrian. A pedestrian is anyone who is walking, running, or otherwise on foot along streets, sidewalks, or crosswalks. Pedestrians also include individuals using wheelchairs or other mobility devices. Bicyclists, skaters, and other individuals using non-motorized forms of transportation are sometimes considered pedestrians depending on the situation. The key point to remember is that pedestrian laws are focused on protecting those who are most vulnerable while sharing space with motor vehicles.
The Right of Way in Pennsylvania
In Pennsylvania, pedestrian rights often revolve around the concept of the right of way. When it comes to crossing streets or intersections, there are specific rules that both drivers and pedestrians must follow. Generally, pedestrians have the right of way when they are legally in a crosswalk. This means that drivers are required to yield to pedestrians who are crossing in crosswalks at both marked and unmarked intersections. However, pedestrians also have responsibilities when it comes to their safety. For example, they should avoid stepping into traffic suddenly or crossing streets outside of designated crosswalks.
“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
It is important to note that even though pedestrians may have the right of way in many situations, this does not mean that drivers will always respect these rules. Accidents can still happen, and when they do, understanding your rights as a pedestrian becomes vital.
Common Causes of Pedestrian Accidents
Pedestrian accidents can happen for many reasons, and they are often the result of driver negligence. Some of the most common causes of pedestrian accidents in Pennsylvania include distracted driving, speeding, failure to yield, and driving under the influence of alcohol or drugs. Distracted driving is a growing concern, as more drivers are using their phones or other electronic devices while driving. This can lead to drivers not paying attention to their surroundings, including pedestrians.
Speeding also plays a significant role in pedestrian accidents. When a driver is traveling too fast, they may not have enough time to stop if a pedestrian suddenly appears in their path. Drivers who fail to yield to pedestrians at crosswalks or intersections also contribute to a large number of pedestrian accidents each year.
Lastly, driving under the influence is a major cause of serious accidents involving pedestrians. When a driver is impaired by alcohol or drugs, their reaction time is slower, and their ability to make sound decisions is impaired, putting pedestrians at serious risk.
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What to Do After a Pedestrian Accident
If you are involved in a pedestrian accident in Pennsylvania, there are several important steps to take to protect your rights. First and foremost, it is important to seek medical attention. Even if your injuries seem minor at first, some injuries may not show symptoms right away. Seeking medical care ensures that you receive the treatment you need and also provides documentation of your injuries, which can be crucial in a legal case.
Next, if you are able, you should gather as much information as possible at the scene of the accident. This may include the name and contact information of the driver, their insurance details, and any witness statements. Taking photos of the scene, the vehicle involved, and any visible injuries can also help provide evidence later on.
It is also important to contact the police and file a report. The police report can serve as an official record of the accident and may include details that could be helpful in proving fault. After reporting the accident to the police, it is also a good idea to contact your insurance company to inform them of the situation.
Proving Negligence in a Pedestrian Accident
In most pedestrian accident cases, proving negligence is essential to recovering compensation. In Pennsylvania, the person who is at fault for the accident is responsible for covering the damages. Negligence occurs when a driver fails to act with reasonable care, leading to an accident. For example, if a driver runs a red light or fails to yield to a pedestrian in a crosswalk, they may be considered negligent.
To prove negligence, there are several elements that must be established. First, it must be shown that the driver had a duty to act with care, such as following traffic laws and paying attention to pedestrians. Next, it must be shown that the driver breached this duty by acting carelessly or recklessly. Finally, it must be shown that the driver’s actions directly caused the accident and resulted in injuries to the pedestrian.
Proving negligence can be complex, and it often requires gathering evidence such as witness statements, photos, medical records, and the police report. Working with an experienced attorney can help ensure that all necessary evidence is collected and that your case is presented in the best possible way.
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Compensation for Pedestrian Accident Victims
If you have been injured in a pedestrian accident, you may be entitled to compensation for your injuries. In Pennsylvania, pedestrian accident victims can recover compensation for medical expenses, lost wages, pain and suffering, and other damages. Medical expenses can include costs for hospital stays, surgeries, medications, physical therapy, and any other medical treatments needed as a result of the accident.
Lost wages can be recovered if your injuries prevent you from returning to work, either temporarily or permanently. If you are unable to work for a significant period of time, you may also be entitled to compensation for future lost earnings.
Pain and suffering refer to the physical and emotional pain that results from the accident. This can include ongoing pain, emotional distress, and loss of enjoyment of life. In some cases, punitive damages may also be awarded. Punitive damages are meant to punish the driver for especially reckless or dangerous behavior, such as driving under the influence.
The Role of Insurance in Pedestrian Accidents
In Pennsylvania, insurance plays an important role in pedestrian accident cases. Pennsylvania is a “no-fault” state, which means that regardless of who is at fault for the accident, your own insurance may cover some of your medical expenses. This is called Personal Injury Protection (PIP) coverage. However, PIP coverage is often limited and may not fully cover all of your expenses, especially if your injuries are severe.
In cases where your expenses exceed the limits of your PIP coverage, or if you are seeking compensation for pain and suffering or lost wages, you may need to pursue a claim against the driver’s insurance. This is known as a liability claim, and it can help cover costs that go beyond what your own insurance will pay.
Time Limits for Filing a Claim in Pennsylvania
If you are considering pursuing a legal claim after a pedestrian accident, it is important to be aware of the time limits for filing a claim in Pennsylvania. In most cases, you have two years from the date of the accident to file a personal injury lawsuit. This is known as the statute of limitations. If you fail to file a lawsuit within this time frame, you may lose your right to recover compensation.
However, there are some exceptions to the statute of limitations. For example, if the pedestrian accident resulted in the death of a loved one, you may have two years from the date of death to file a wrongful death claim. It is always best to consult with an attorney as soon as possible after the accident to ensure that you do not miss any important deadlines.
Pedestrian accidents can have serious and life-changing consequences. If you or a loved one has been injured in a pedestrian accident, you may be feeling overwhelmed by medical bills, lost wages, and the emotional toll of the accident. At McDonald At Law, we understand the challenges that pedestrian accident victims face, and we are here to help.
Our experienced team is dedicated to helping pedestrian accident victims recover the compensation they deserve. We will work with you to gather evidence, prove negligence, and fight for your rights. If you are ready to take the next step, contact McDonald At Law today for a consultation. Let us help you on the path to recovery.