Munley Law’s Carbondale pedestrian accident lawyers help injured pedestrians hold negligent drivers accountable and recover full compensation for preventable accidents. Our attorneys have spent almost seven decades advocating for injury victims across Pennsylvania, building a reputation for results in complex, high-stakes cases.
Even a small impact between a vehicle and a pedestrian can lead to severe injuries, long-term care needs, and financial strain; however, you might have the right to significant compensation.
Munley Law’s Carbondale personal injury lawyers combine proven courtroom experience with deep investigative resources to pursue maximum recovery. Our lawyers have secured multi-million-dollar verdicts and settlements and have been recognized by national legal organizations such as Super Lawyers and Best Lawyers in America for excellence in personal injury law.
If you were struck by a truck or car in Carbondale, understanding your rights and legal options is the first step toward healing and rebuilding your future. Contact us for a free consultation.
Call Us At 844-686-5397 How Common Are Pedestrian Accidents in the United States and Pennsylvania?
According to the National Highway Traffic Safety Administration (NHTSA) Traffic Safety Facts, over 7,300 pedestrians were killed in 2023, with a quarter of these fatalities resulting from hit-and-runs. In the same year, an estimated 68,244 pedestrians were injured on U.S. roads.
Pennsylvania saw a total of 174 pedestrian fatalities in 2024; seven of these fatalities occurred in Lackawanna County. In the same year, almost 3,000 pedestrians in Pennsylvania were injured.
Carbondale’s Casey Highway is an especially high-risk area for pedestrian collisions, but urban areas and roadways with few intersections are most often the scene of these accidents. Urban areas are often busy with many drivers and pedestrians trying to get from one place to another, creating many opportunities for accidents. On long stretches of road with few intersections, drivers may go on autopilot and neglect to pay proper attention at each intersection.
Pennsylvania has several laws in place to prevent tragic pedestrian accidents. These laws include strict bans on texting while driving, speed restrictions at intersections and when rounding curves, and a three-stage program for young drivers obtaining licenses. These laws are intended to keep drivers aware of their surroundings and help them avoid colliding with pedestrians.
What Causes Most Pedestrian Accidents in Carbondale?
Pedestrians have the right of way in most situations, and drivers have a greater responsibility to ensure their actions do not harm pedestrians. Drivers are at lower risk of severe injury in pedestrian collisions. Even small driver mistakes can lead to tragedy in a pedestrian crash.
Some common causes of car collisions with pedestrians include:
- Aggressive or careless driving – Speeding, ignoring traffic signals, and not taking proper care in intersections or when rounding corners can all lead to a vehicle running into a pedestrian crossing the street
- Dangerous crosswalks – If a crosswalk light is faulty, a pedestrian may wrongly believe an intersection is safe to cross, or a driver may not get the signal to stop for a pedestrian
- Limited visibility – Fog, poor lighting, and other environmental conditions can block pedestrians and vehicles from seeing each other until it is too late
Distracted driving – Drivers may illegally text and drive, or even be momentarily distracted by a passenger, leading them to not notice a pedestrian or veer into a non-traffic area- Impaired driving – Alcohol, drugs, and even drowsiness can impair a driver’s critical thinking skills and awareness, leading to pedestrian crashes
Nearly half of all fatal pedestrian accidents involved alcohol for either the driver or the pedestrian. Additionally, intersections were one of the most common scenes of pedestrian accidents, with drivers often speeding to beat yellow lights or otherwise not noticing pedestrians crossing in time. Even simply not looking back or properly checking a rearview camera for a pedestrian crossing behind a vehicle can lead to a catastrophic accident.
Common Injuries When Pedestrians Are Hit by Cars
Because of the sheer size difference between vehicles and humans, pedestrians almost always suffer greater damages in collisions with cars than drivers. An unprotected impact with 4000 lbs of fast-moving metal can lead to tragic consequences.
Some of the most common injuries suffered in pedestrian crashes include:
- Traumatic brain injuries
- Spinal cord injuries
- Lacerations and dislocations
- Broken and fractured bones
- Death
People are pedestrians far more often than they are drivers. Even taking precautions or staying on the sidewalk cannot guarantee you will never be involved in a vehicle accident. If you or a loved one has suffered from a pedestrian car crash, you should seek and secure compensation as soon as possible to help you recover from any severe injuries.
Who Is at Fault in a Pedestrian Accident in Pennsylvania?
You may be wondering if a pedestrian can be considered at fault in a pedestrian accident. Chapter 35 of Pennsylvania’s Vehicle Code includes several considerations for both pedestrians and drivers concerning liability. Both pedestrians and drivers can be considered at fault for accidents, and a driver can pursue damages caused by a negligent pedestrian just as a pedestrian can do the same with negligent drivers.
All drivers in Pennsylvania have a legal duty to drive with care. Likewise, pedestrians have a legal duty toward drivers. Both pedestrians and drivers must obey traffic signals and follow right-of-way procedures when traffic signals are not present.
Drivers in Pennsylvania must:
- Give pedestrians right of way in crosswalks and at intersections
- Yield to pedestrians when entering the sidewalk from a driveway
- Purchase bodily injury liability coverage on their car insurance to cover pedestrian injuries
Likewise, pedestrians in Pennsylvania must:
- Use sidewalks wherever possible
- Yield to emergency vehicles
- Yield to vehicles if not crossing at a crosswalk or intersection
Breaching a duty of care on the part of either a pedestrian or driver means either party may be at fault. An attorney’s job in pedestrian accidents is to prove the fault lies mainly, if not entirely, with the driver to protect their client’s compensation recovery.
Pennsylvania follows a modified comparative negligence rule under 42 Pa. C.S. § 7102. This means you can still recover compensation even if you were partially at fault for the accident, as long as you were not more than 50% responsible. Your compensation will be reduced by your percentage of fault. For example, if you are found 20% at fault, your award will be reduced by 20%. If you are found more than 50% at fault, you are barred from recovering compensation.
In addition to the driver and pedestrian, third parties can be considered responsible for these types of accidents.
Possible third parties to consider in fault determinations for pedestrian accidents include:
- Manufacturers putting out defective cars
- A public agency allowing flaws and damages in the road to persist
- Other passengers in a vehicle distracting the main driver
- A car owner allowing another at-risk person to drive their vehicle
When third parties get involved in a pedestrian accident case, the situation can quickly become complicated. In these matters, it is important to retain an experienced legal team to simplify the process and identify the responsible parties.
What Compensation Can You Recover After a Pedestrian Accident?
If you were hit by a car, you have the right to recover damages for your injuries. The compensation you can expect to receive in a pedestrian accident lawsuit is heavily dependent on the determination of fault and the seriousness of your injuries. Your lawyer must prove your injuries were directly caused by the accident and prove the driver’s responsibility in the accident itself.
You could potentially recover compensation for the following after a pedestrian accident:
- Current and future medical costs, including medical bills, medications, surgery costs, rehabilitation, and long-term care
- Lost current and future wages, such as wages lost from a temporary inability to work or loss of future earning potential through disability
- Required home and vehicle modifications after your accident
- Pain and suffering from the effects of the initial accident and the following recovery
- Emotional damages and mental anguish, such as trauma related to the accident
- Loss of life enjoyment due to permanent disfigurement or disability
- Loss of support and companionship in cases where a pedestrian accident resulted in the death of a loved one
- First-party PIP/medical benefits. Even though you weren’t in a vehicle, Pennsylvania’s no-fault insurance system may still entitle you to first-party medical benefits (PIP) after a pedestrian accident. These benefits are generally available through the insurance policy of the vehicle that struck you, or through your own household auto insurance policy, and can help cover medical treatment regardless of who was at fault for the crash.
When you retain an attorney with experience in pedestrian accident cases, you can have someone on your side advocating for your compensation. Your lawyer can review the resulting costs from your accident and consult with a variety of experts to determine compensation to cover your current and future projected losses.
How Long Do You Have to File a Pedestrian Accident Claim in Pennsylvania?
While there is no financial limit on the damages a pedestrian can recover from a non-government entity, pedestrians do have a specific amount of time they can file their accident claim.
Pennsylvania’s statute of limitations for pedestrian accidents is two years from the date of the accident. If you wait past this time limit to file your lawsuit, you could lose the right to recover compensation. If the injured pedestrian was under 18 at the time of the accident, this two-year period does not begin until they turn 18, giving them until their 20th birthday to file.
Even if you are still within the statute of limitations, start your claim as soon as possible and contact an attorney. Acting quickly will help your legal team preserve key evidence to help you obtain fair compensation.
Frequently Asked Questions About Pedestrian Accident Claims in Carbondale
What Should I Do Immediately After a Pedestrian Accident in Carbondale?
After a pedestrian accident, seek medical attention right away, even if your injuries seem negligible at the time. Call the police to create an official report and, if possible, gather evidence such as photos and witness information. Avoid discussing fault with anyone at the scene or with insurance adjusters. Instead, contact an experienced pedestrian accident lawyer as soon as you can to protect your rights and preserve evidence.
How Much Is My Pedestrian Accident Claim Worth?
The value of your case depends on factors like injury severity, medical costs, lost income, and the long-term impact on your life. Cases involving permanent disability or catastrophic injuries tend to result in higher compensation. Each claim is unique, so a detailed evaluation is essential. Experienced attorneys use experts to calculate full damages.
Are Pedestrian Accidents More Dangerous Than Other Types of Crashes?
Yes, pedestrians are far more vulnerable because they lack sufficient physical protection against fast-moving heavy objects. Even low-speed collisions can cause severe injuries or fatalities. According to federal safety data, pedestrian deaths have risen significantly in recent years. This makes legal representation especially important in these cases.
Who Can Be Held Liable in a Pedestrian Accident Case?
Liability may extend beyond the driver to include vehicle manufacturers, government entities responsible for unsafe roads, or even third parties. For example, poor road design or malfunctioning traffic signals may contribute to pedestrian accidents. Identifying all liable parties is key to maximizing compensation, so a thorough investigation is critical.
What If the Driver Who Hit Me Was Uninsured?
You may still have options through uninsured motorist coverage (UM), either from your own policy or a household member’s policy. These claims may be complex and often require legal guidance. An attorney can help identify all available sources of compensation to ensure you are not left paying out of pocket for someone else’s negligence.
How Can a Lawyer Prove the Driver Was Negligent?
A lawyer uses evidence such as police reports, surveillance footage, witness statements, and the testimony of accident reconstruction experts. They may also review phone records to prove distracted driving or toxicology reports for impairment. Establishing negligence is vital in winning compensation, and strong evidence builds a compelling case.
Reach Out to Our Experienced Pedestrian Accident Lawyers
If you or a loved one was hit by a vehicle, you have the right to seek compensation for your losses. For nearly 70 years, our pedestrian accident attorneys have represented car accident victims in their most complex cases. Our work has resulted in significant victories for our clients, including multi-million-dollar settlements and verdicts.
Some of our major client recoveries for pedestrians include:
- $3.5 million jury verdict for a pedestrian hit by a truck
- $2.8 million settlement for a pedestrian accident case
- $2 million settlement for the family of a woman who was killed in a pedestrian accident
- $1.2 million settlement for a boy hit by a bus at summer camp
Call us or contact our offices today for a free consultation. We are available 24/7 for an obligation-free discussion about your potential case. We have convenient offices located in downtown Carbondale and other areas throughout Pennsylvania.
Daniel W. Munley
Daniel W. Munley is a highly honored and compassionate pedestrian accident attorney. During his tenure at Munley Law, he has contributed to several multimillion-dollar settlements and verdicts for injured pedestrian accident victims, with examples including a $2 Million settlement for the family of a woman killed in a pedestrian accident. Daniels accreditations extend to being triple board certified by the National Board of Trial Advocacy, and receiving an AV Preeminent Rating and Platinum-Level Client Champion award from Martindale-Hubbell.
