Pedestrian accidents can have devastating consequences, often resulting in severe injuries or even fatalities. In Pennsylvania, the streets and sidewalks are frequented by pedestrians of all ages, making it crucial to address the issue of pedestrian safety and the legal ramifications when accidents occur. When a pedestrian is involved in an accident, the aftermath can be overwhelming, with medical bills, loss of income, and emotional trauma. Choosing the right attorney to represent you in such situations is vital to ensure you receive the compensation and justice you deserve.
Understanding Pedestrian Accidents in Pennsylvania
Pedestrian accidents occur when a person on foot is struck by a vehicle. These accidents can happen at crosswalks, intersections, or even on sidewalks. The causes of pedestrian accidents are varied, ranging from driver negligence, speeding, and distracted driving to poor road conditions and inadequate pedestrian infrastructure. In Pennsylvania, pedestrian accidents are a significant concern, and the state has implemented various measures to improve pedestrian safety. However, despite these efforts, accidents still happen, and when they do, the consequences can be life-altering.
The severity of injuries sustained in pedestrian accidents is often higher than in other types of traffic accidents due to the lack of protection for pedestrians. Common injuries include fractures, head injuries, spinal cord injuries, and internal injuries. These injuries not only lead to physical pain and suffering but also result in substantial medical expenses, loss of wages, and long-term rehabilitation needs. In the worst cases, pedestrian accidents can lead to permanent disabilities or death, leaving families devastated and struggling to cope with the aftermath.
Common Causes of Pedestrian Accidents in Pennsylvania
Understanding what leads to pedestrian accidents is essential for pursuing a successful case. Many such accidents occur due to negligent driving behaviors. Speeding, distracted driving, failing to yield at crosswalks, or running red lights are frequent causes. Poor visibility, whether due to weather conditions or inadequate lighting, can also play a role. While some accidents may involve partially shared fault, it is crucial to determine who is legally responsible for the incident. Pennsylvania’s legal framework allows injured pedestrians to pursue claims against at-fault parties for their medical expenses and other damages.
Proving Liability in a Pedestrian Accident Case
To seek compensation, it is necessary to establish that another party was at fault for the accident. This involves demonstrating that their negligence caused your injuries. Evidence plays a vital role in this process. Police reports, eyewitness statements, surveillance footage, and photographs from the scene can help build a compelling case. Medical records also provide essential documentation of your injuries and their impact on your life. Pennsylvania follows a comparative negligence rule, which means that even if you bear partial responsibility for the accident, you may still recover damages as long as you are less than fifty-one percent at fault.
“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
Recoverable Medical Expenses After a Pedestrian Accident
Victims of pedestrian accidents may seek compensation for a wide range of medical costs. This includes emergency treatment, hospital stays, surgeries, and medication. Follow-up care, such as physical therapy or chiropractic treatment, is also compensable. In some cases, long-term or permanent injuries may require adaptive equipment or modifications to your home to accommodate new physical limitations. Future medical expenses are often considered as well, particularly if ongoing care is necessary. Thorough documentation of all medical bills and related expenses is critical to securing fair compensation.
Other Damages You May Be Eligible to Recover
In addition to medical expenses, victims may seek compensation for other damages. Lost wages from time away from work and diminished earning capacity due to lasting injuries are recoverable. Non-economic damages, such as pain and suffering or emotional distress, recognize the toll the accident has taken on your quality of life. For families who have lost loved ones in a pedestrian accident, wrongful death claims can help address funeral expenses and the emotional impact of their loss. While medical costs are often the most immediate concern, it is important to evaluate all areas of your life that have been affected by the accident.
The Importance of Legal Representation
When you or a loved one is involved in a pedestrian accident, the legal complexities can be daunting. Insurance companies may try to minimize the compensation you receive, and the at-fault party might dispute their liability. This is where having an experienced attorney becomes crucial. A knowledgeable attorney will help you navigate the legal system, gather necessary evidence, and build a strong case to ensure you receive fair compensation for your injuries and losses.
“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
An attorney with experience in handling pedestrian accident cases will understand the specific laws and regulations in Pennsylvania that pertain to such accidents. They will know how to investigate the accident thoroughly, identify liable parties, and negotiate with insurance companies on your behalf. Moreover, they will be able to represent you in court if a fair settlement cannot be reached, ensuring that your rights are protected throughout the legal process.
Who Is Liable in a Pedestrian Accident?
Liability in a pedestrian accident refers to who is at fault for causing the accident. In Pennsylvania, both pedestrians and drivers have duties they must follow to ensure the safety of everyone on the road. The driver is responsible for obeying traffic laws, yielding to pedestrians at crosswalks, and driving safely in areas where people are likely to be walking. Pedestrians, on the other hand, must use designated crosswalks, follow traffic signals, and avoid stepping into traffic without warning.
Sometimes, the pedestrian is completely free from fault, and the driver is clearly to blame. In other cases, both parties may share some responsibility for the accident. In Pennsylvania, the comparative negligence rule applies. This means that even if the pedestrian is partially at fault, they can still recover damages, as long as they are less than 50% responsible for the accident. However, their compensation will be reduced by the percentage of fault assigned to them.
“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
Gathering Evidence for Proving Liability
To prove liability in a pedestrian accident, it is crucial to gather evidence. This evidence will help show what happened and who was at fault. The sooner this is done after the accident, the better, as details can fade with time.
One of the most important pieces of evidence is the police report. After a pedestrian accident, the police typically come to the scene and make a report that details the circumstances of the crash. This report can include statements from both the driver and the pedestrian, as well as from any witnesses who saw what happened. It also may describe the location of the accident, weather conditions, and whether the driver was speeding or breaking any traffic laws.
Photographs of the scene are also crucial in proving liability. Pictures can show where the pedestrian was struck, the location of the vehicles, skid marks on the road, and other important details. These images provide a clear view of the environment in which the accident occurred and can help support your version of events.
Surveillance footage from nearby businesses or traffic cameras may also capture the accident. This footage can be incredibly valuable in showing exactly how the crash took place. Additionally, witness testimony is important. If anyone saw the accident happen, their account of the event can strengthen your case.
Choosing the Right Attorney for Your Case
Selecting the right attorney to represent you in a pedestrian accident case is a decision that should not be taken lightly. The attorney you choose will significantly impact the outcome of your case, so it is essential to consider several factors when making your decision. First and foremost, you should look for an attorney who has a proven track record of handling pedestrian accident cases in Pennsylvania. This means they should have successfully represented clients in similar situations and secured favorable outcomes.
It is also important to choose an attorney who is familiar with the local laws and regulations specific to pedestrian accidents. Pennsylvania has unique legal requirements and statutes that may impact your case, and an attorney who is well-versed in these laws will be better equipped to handle your case effectively. Additionally, look for an attorney who has experience working with medical experts and accident reconstruction specialists, as these professionals can provide critical testimony and evidence to support your claim.
Another crucial factor to consider is the attorney’s communication style and availability. You want an attorney who will keep you informed throughout the process, answer your questions promptly, and provide regular updates on the progress of your case. Personal attention and a compassionate approach can make a significant difference during such a challenging time.
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The Legal Process for Pedestrian Accident Cases
The legal process for pedestrian accident cases in Pennsylvania involves several steps, beginning with an initial consultation with your attorney. During this consultation, you will discuss the details of the accident, your injuries, and the impact on your life. Your attorney will evaluate the merits of your case and provide guidance on the best course of action. This initial meeting is crucial as it sets the foundation for your attorney-client relationship and allows your attorney to start building a strong case on your behalf.
Following the consultation, your attorney will begin investigating the accident. This investigation may include gathering evidence such as police reports, witness statements, surveillance footage, and medical records. Your attorney may also work with accident reconstruction specialists to determine how the accident occurred and who is at fault. This thorough investigation is essential to establish liability and build a compelling case.
Once the investigation is complete, your attorney will enter into negotiations with the at-fault party’s insurance company. The goal of these negotiations is to reach a fair settlement that covers your medical expenses, lost wages, pain and suffering, and other damages. Your attorney will advocate on your behalf to ensure you receive the maximum compensation possible. If a fair settlement cannot be reached through negotiations, your attorney will be prepared to take your case to court.
In court, your attorney will present evidence, call witnesses, and make legal arguments to support your claim. The litigation process can be complex and time-consuming, but with an attorney by your side, you can feel confident that your case is being handled professionally. Throughout the entire legal process, your attorney will provide guidance, support, and representation to help you achieve the best possible outcome.
Verdicts & Settlements
The Role of Comparative Negligence in Pedestrian Accident Cases
One important aspect of pedestrian accident cases in Pennsylvania is the concept of comparative negligence. Comparative negligence is a legal principle that allows for the apportionment of fault between the parties involved in an accident. In other words, even if you were partially at fault for the accident, you may still be able to recover compensation for your injuries.
Pennsylvania follows a modified comparative negligence rule, which means that as long as you are not more than 50 percent at fault for the accident, you can still recover damages. However, your compensation will be reduced by your percentage of fault. For example, if you are found to be 20 percent at fault for the accident, your compensation will be reduced by 20 percent. Understanding how comparative negligence may impact your case is crucial, and an experienced attorney will be able to navigate this aspect of the law effectively.
The Emotional and Psychological Impact of Pedestrian Accidents
In addition to the physical injuries and financial losses, pedestrian accidents can also have a profound emotional and psychological impact on victims. The trauma of being involved in such a violent event can lead to anxiety, depression, and post-traumatic stress disorder (PTSD). These emotional and psychological effects can be just as debilitating as physical injuries, impacting your ability to work, maintain relationships, and enjoy life.
A compassionate attorney understands the full scope of the impact a pedestrian accident can have on your life. They will take into account the emotional and psychological toll when seeking compensation for your injuries. This may include seeking damages for pain and suffering, emotional distress, and loss of enjoyment of life. By addressing the holistic impact of the accident, your attorney can help you achieve a more comprehensive and fair settlement.
The Importance of Timely Action
In Pennsylvania, there are specific time limits, known as statutes of limitations, within which you must file a claim for a pedestrian accident. Generally, the statute of limitations for personal injury claims in Pennsylvania is two years from the date of the accident. Failing to file within this timeframe can result in the loss of your right to seek compensation. Therefore, it is crucial to act promptly and seek legal representation as soon as possible after the accident.
Timely action not only ensures that you meet the legal deadlines but also allows your attorney to gather evidence while it is still fresh. Witnesses’ memories may fade, and physical evidence may be lost or damaged over time. By contacting an attorney early on, you increase your chances of building a strong case and achieving a favorable outcome.
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.
What to Do Immediately After a Pedestrian Accident in Pennsylvania
Seek Medical Attention Right Away
The first and most important thing to focus on after a pedestrian accident is your health. Even if you feel like you are not seriously hurt, you should still see a doctor as soon as possible. Sometimes, injuries might not show up right away, and waiting could make them worse. A medical professional can check for internal injuries or issues that may not be immediately visible. Seeking medical care also creates a record of your injuries, which could be helpful if you decide to file a claim later.
If you are too hurt to move, try not to make your injuries worse by standing up or walking around. It is better to wait for emergency responders to arrive so they can safely get you to a hospital. Remember, your health is the most important thing in the aftermath of an accident, and getting immediate care should always be your first priority.
Call the Police to Report the Accident
Once you have received medical attention, it is important to make sure the accident is properly reported. In Pennsylvania, it is required that pedestrian accidents be reported to the police, especially if there are injuries involved. A police report will be an official record of what happened, and this can be very useful if you need to file an insurance claim or take legal action.
When the police arrive, try to give them a clear and honest account of what happened. Stick to the facts and avoid guessing or making assumptions. If you are not sure about certain details, it is okay to say so. The police will document the scene of the accident and speak to any witnesses who might have seen what happened. They will also gather information from the driver involved, which will help with the investigation.
“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
Gather Important Information
While you are waiting for the police to arrive or after you have been treated for any injuries, it is a good idea to collect as much information as possible about the accident. This can include the name, contact information, and insurance details of the driver involved. If there were any witnesses who saw what happened, it is helpful to get their names and phone numbers as well.
If you are able to, take photos of the accident scene. These photos can include the location where the accident occurred, any traffic signs or signals, and any damage to the vehicle that hit you. It can also be helpful to take pictures of your injuries. This visual evidence can be very important if you end up needing to file a claim or take legal action later on.
Do Not Admit Fault or Apologize
In the moments right after a pedestrian accident, you might feel like you need to apologize or explain what happened. However, it is very important not to admit fault or apologize for the accident. Doing so can hurt your chances of receiving compensation for your injuries.
Even if you think you might be partially to blame, avoid making any statements that could be seen as admitting guilt. Pedestrian accidents are often complex, and it is not always easy to determine who was at fault right away. Leave it to the police and other authorities to investigate and figure out who was responsible for the accident.
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Contact Your Insurance Company
If you have car insurance or health insurance, you should contact your insurance company to let them know about the accident. They will need to be informed in order to process any claims that might come from the accident. Your insurance company may ask for information such as the police report number, the names of those involved, and details about your injuries.
When speaking with your insurance company, it is important to stick to the facts and avoid making any guesses about the cause of the accident. You do not want to say anything that could hurt your claim. If you are unsure about how to handle conversations with your insurance company, it might be helpful to speak with a lawyer for guidance.
Seeking Legal Help
If you or a loved one has been involved in a pedestrian accident in Pennsylvania, the experienced attorneys at McDonald At Law are here to help. We understand the challenges you are facing and are committed to providing compassionate, personalized legal representation. Our team has a proven track record of successfully handling pedestrian accident cases and securing fair compensation for our clients.
At McDonald At Law, we believe in the importance of communication and personal attention. We will keep you informed throughout the legal process, answer your questions, and provide the support you need during this difficult time. Our goal is to ensure you receive the justice and compensation you deserve so you can focus on your recovery and rebuilding your life.
Understanding No-Fault Insurance in Pennsylvania
Pennsylvania follows a no-fault insurance system, which is different from the traditional fault-based system used in many other states. In a no-fault system, each driver’s insurance policy covers their own medical expenses after an accident, no matter who caused it. This means that if you get hurt in a car accident, your insurance will pay for your medical bills, even if you were not at fault.
For pedestrians, the rules are slightly different. If a pedestrian gets hit by a car, the driver’s insurance will usually cover the pedestrian’s medical expenses. However, if the pedestrian has their own car insurance policy, their Personal Injury Protection (PIP) coverage may pay for the medical bills first. It depends on the specific details of the accident and the policies involved. Understanding who pays for what can be challenging, especially when trying to recover from injuries.
How No-Fault Insurance Impacts Pedestrians
When a pedestrian is hit by a car, their medical treatment needs are usually urgent. In most cases, the pedestrian’s own PIP coverage will pay for the initial medical expenses. If the pedestrian does not have car insurance, the driver’s insurance may step in to cover these costs. Pennsylvania’s no-fault insurance aims to provide quick coverage for medical bills without needing to prove who was at fault for the accident.
However, no-fault insurance only covers medical expenses and may not fully cover all costs related to the accident. It does not compensate for pain, suffering, or lost wages beyond a certain limit. This is why many people involved in pedestrian accidents may consider filing a claim against the at-fault driver if their injuries are severe enough to meet the state’s threshold for a lawsuit.
“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
Serious Injury Threshold in Pennsylvania
In Pennsylvania, the no-fault system has what is called a “serious injury threshold.” This threshold must be met before an injured person can step outside of the no-fault system and file a personal injury claim against the at-fault party. For pedestrians, this means that if their injuries are severe, such as broken bones, disfigurement, or significant scarring, they may be able to sue the driver who caused the accident. If the injuries are minor, the pedestrian may be limited to the benefits provided by their own PIP coverage, which might not be enough to cover all expenses.
Meeting this serious injury threshold can be difficult and often requires strong medical evidence to show how severe the injuries are. For this reason, it is essential to seek immediate medical attention after a pedestrian accident and follow all medical advice to document the extent of the injuries. This documentation can be very important if the injured person decides to file a personal injury claim.
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Limited Tort vs. Full Tort Options
Pennsylvania offers drivers the choice between limited tort and full tort insurance coverage. This choice can also impact pedestrian accident claims. If a pedestrian has limited tort coverage, they may be restricted in their ability to sue the driver who caused the accident unless they meet the serious injury threshold. Limited tort coverage usually costs less, but it limits the right to seek compensation for pain and suffering.
On the other hand, full tort coverage allows the injured person to sue for all damages, including pain and suffering, without needing to meet the serious injury threshold. If a pedestrian with full tort coverage is hit by a car, they may have more options for seeking compensation, regardless of the severity of their injuries. The choice between limited tort and full tort is significant because it can affect how much compensation the injured pedestrian can receive.
Steps to Take After a Pedestrian Accident
Being involved in a pedestrian accident can be a frightening experience. It is important to know what steps to take immediately after the accident to protect your rights and ensure you receive proper medical care. The first and most important step is to call 911 and report the accident. Seeking medical attention right away is crucial, even if the injuries seem minor at first. Some injuries may not show symptoms immediately, but they can worsen over time.
After getting medical help, gathering information is the next critical step. This includes the driver’s contact information, insurance details, and any witness statements. Taking photos of the accident scene, any visible injuries, and damage to the vehicle can also be helpful. This evidence can play a vital role when dealing with insurance companies or if a personal injury claim is filed later.
It is also advisable to avoid giving any recorded statements to the driver’s insurance company before speaking with a lawyer. Insurance companies may try to get you to say things that could hurt your claim. Consulting with a lawyer who understands Pennsylvania’s no-fault insurance laws can help you navigate the process and protect your rights.
Verdicts & Settlements
Dealing With Insurance Companies
Insurance companies often try to settle pedestrian accident claims quickly, usually offering lower amounts than what the injured person needs. This is because they aim to minimize their payout. When dealing with insurance companies after a pedestrian accident, it is essential to remember that their main goal is to save money, not to look out for your best interests. They might pressure you to accept a quick settlement before you fully understand the extent of your injuries or future medical needs.
Before accepting any settlement offer from an insurance company, it is wise to consult with a lawyer. A lawyer can review the offer, assess the full value of your claim, and help you decide whether accepting the settlement is in your best interest. Without legal guidance, you may end up receiving less compensation than you deserve, especially if your injuries require long-term medical care or rehabilitation.
Filing a Personal Injury Claim as a Pedestrian
If the injuries from a pedestrian accident are severe and meet Pennsylvania’s serious injury threshold, the injured pedestrian may file a personal injury claim against the at-fault driver. This type of claim can help cover medical expenses, lost wages, pain, suffering, and other damages that no-fault insurance does not cover.
To successfully file a personal injury claim, the injured pedestrian needs to prove that the driver was negligent. This involves showing that the driver did not act responsibly or safely, leading to the accident. Examples of driver negligence include speeding, running a red light, or failing to yield to pedestrians at a crosswalk. Evidence such as police reports, witness statements, traffic camera footage, and medical records can help build a strong case.
In Pennsylvania, there is a time limit for filing a personal injury claim, known as the statute of limitations. The injured person usually has two years from the date of the accident to file a lawsuit. Missing this deadline can prevent them from seeking compensation for their injuries. It is important to act quickly to gather evidence and start the legal process.
The Role of Comparative Negligence in Pedestrian Accident Claims
Pennsylvania follows the rule of comparative negligence when determining fault in pedestrian accident cases. This rule means that the amount of compensation the injured person receives can be reduced if they are found partially at fault for the accident. For example, if a pedestrian was crossing the street outside of a crosswalk or against a traffic signal, they might share some of the blame for the accident.
If the pedestrian is found to be less than 51% at fault, they can still recover compensation, but the amount will be reduced by their percentage of fault. If they are found to be 51% or more at fault, they may not be able to recover any compensation. Understanding how comparative negligence works is essential when pursuing a claim, as it can affect the final settlement or award.
Substantial jump in Pennsylvania pedestrian deaths
The Governors Highway Safety Association has released its annual report that analyzes preliminary 2018 pedestrian accident data and the news is not positive for Pennsylvania. In fact, it is sobering and of great concern. Specifically, the number of pedestrians killed in the Keystone State increased a whopping 41 percent in the first six months of 2018 as compared with the same time period in 2017.
The national numbers are also not good. For example, pedestrian deaths across the country are the highest in three decades, according to the study. Pedestrian deaths are uniquely rising as compared with other kinds of accident fatalities.
Why the rise?
According to the Tribune-Review, experts call out SUVs, distracted driving and driving under the influence of alcohol as contributing factors as well as the push to walk in cities and infrastructure built for vehicles, not pedestrians. In addition, the clear majority of increased pedestrian fatalities in recent years occurred at night.
The Tribune-Review reports that Pennsylvania has specifically targeted drivers who do not properly yield to people in crosswalks as well as a focus on “engineering fixes” to roadways that benefit pedestrian safety.
Still, when a Pennsylvania walker or runner is struck and hurt or killed by a vehicle, a negligent or reckless driver and its insurer, and other potentially responsible parties, bear legal responsibility for the harm and resulting losses.
Seek legal counsel quickly after a pedestrian accident
At our Lancaster law firm, we represent victims of pedestrian accidents in their quests for money damages to compensate them for their injuries, for financial losses, for pain and suffering and for other losses. OF course, injuries have the potential to be extremely serious when an exposed body comes into violent contact with a heavy vehicle, including potential fractures, brain injury, amputation, spinal injury and even death.
It is important to launch a thorough, timely investigation of the incident to understand all potentially responsible parties, including drivers, insurance companies, government units and others. Was a driver texting behind the wheel or otherwise distracted? Was the operator of a vehicle speeding, driving while impaired, fatigued, violating traffic laws or otherwise engaging in negligent or reckless driving practices? Was the roadway or sidewalk in disrepair or dangerously designed, contributing to the mishap?
If you are injured in a pedestrian accident or if a loved one is killed, do not delay speaking to an experienced personal injury attorney to understand your potential legal remedies and to begin an investigation as early as possible.
Report: Pedestrian fatalities at 25-year high
There is no doubt that distracted driving continues to be a huge problem in the U.S. Whether it’s on city streets, rural highways or interstates, drivers continue to fail to put down their phones. A new report out shows that our addiction to screen time continues to have deadly consequences for pedestrians.
According to the report from the Governors Highway Safety Association, there were nearly 6,000 pedestrians killed across the United States in 2017. While that’s not much different from 2016’s numbers, the last two years represent a 25-year high in pedestrian deaths across the country.
Is distracted driving to blame?
The most alarming thing about the high numbers is that most other types of pedestrian deaths are decreasing. You can attribute much of this to vehicles built to better withstand crashes and protect drivers and passengers. Pedestrians, however, remain exposed.
One reason behind the large increase over the last several years is the prevalence of distracted driving. When you are out, whether as a pedestrian, driver or passenger, take a look around when you are at a red light. It’s likely you will see someone looking down at their phone. If a driver is texting while driving, and a pedestrian crossing the street isn’t looking up either, you have a recipe for disaster.
While many states are passing laws to try and crack down on texting and calling while driving, it does not appear that pedestrians are any safer.
What pedestrians can do to protect themselves
It may be easy to think that since Lancaster isn’t a huge city with jammed streets that you are safe, but no pedestrian should ever take their safety for granted. You should never be looking at your phone while crossing the street. Always keep your eyes on vehicles approaching a crosswalk, even if you have the walk sign.
The report also notes that in 33 percent of pedestrian deaths last year, the pedestrian was legally drunk. If you’ve had one too many, maybe consider using a designated driver, taxi or ride-sharing service to get home safely.
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