Expert Legal Assistance for Pedestrian Accident Victims
If you’ve been struck by a car or other vehicle while walking, you know the physical and emotional pain it can cause. You may face medical bills, lost wages, and a long road to recovery. And on top of all that, you may be wondering what your legal rights are. That’s where a pedestrian accident lawyer can help. A qualified attorney can advocate for your rights and help you get the compensation you deserve for your injuries.
Munley Law has a team of experienced pedestrian accident lawyers dedicated to helping our clients get the best possible results. We understand the physical, emotional, and financial challenges that you’re facing, and we’re here to help you every step of the way. We offer a free consultation so that you can learn more about your legal rights and options. We don’t get paid unless you win your case, so you can rest assured that we’re in your corner. Contact us today to schedule a free case evaluation.
$32 Million Wrongful Death
$26 Million Truck Accident
$17.5 Million Car Accident
$12 Million Product Liability
$9 Million Truck Accident
$8 Million Truck Accident
$8 Million Truck Accident
$7.5 Million Auto Accident
$6.9 Million Garbage Truck Accident
$6.5 Million Traumatic Brain Injury
$5 Million Medical Malpractice
$5 Million Bus Accidents
Is It Worth Getting a Pedestrian Accident Attorney?
Getting into an accident is never a picnic. But the most challenging part of the accident is what comes after. Dealing with the insurance company, recovering from a severe injury, taking time off of work, and even handling estate matters can be stressful and confusing. After any type of motor vehicle accident, you may wonder if getting a pedestrian accident attorney is even worth the hassle. But it’s because of all these reasons you need an experienced personal injury law firm to help you with your pedestrian accident claim.
Here are a few ways a pedestrian accident lawyer can help you with your case:
Investigate the Pedestrian Accident
We all know that pedestrian accidents usually become a he-said-she-said situation. A thorough investigation will be needed to find out what the cause of the crash was and who the responsible party is.
Our pedestrian accident attorney will gather important information needed to prove liability. This includes interviewing witnesses, examining photographs and video footage, speaking with experts, recreating the accident scene, and reading the police report.
Figuring Out the Total Loss
Pedestrian accidents are costly. Not only do you have to take into account the immediate bills, but you also have to worry about future expenses, such as long-term medical care. You may face a tremendous amount of debt currently, and a quick settlement can take care of it now. But by settling now, you will be expected to pay any future bills out of pocket.
Our personal injury attorney can give you a rough estimate of how much your accident is worth. We will consider not only your current bills but also your future expenses. This will give you an idea of how much your pedestrian accident case is worth and how far that settlement offer will get you.
Speaking With the Insurance Company
Even if it’s clear who is responsible for your pedestrian accident, the insurance company will try everything it can not to give you a fair settlement. To recover compensation, you need the help of an experienced car accident lawyer to negotiate with the insurance company and fight on your behalf to get a fair settlement.
If a settlement cannot be reached, only experienced personal injury attorneys, like a trial lawyer or the pedestrian accident attorneys from Munley Law Personal Injury Attorneys can get you a pedestrian accident victory in the courtroom.
What Compensation is Available After a Pedestrian Accident?
After any type of accident, one of the questions we receive from our clients is what type of compensation is available. For pedestrian accident cases, you could receive the following:
Economic damages: Economic damages refer to any compensation you can recover for any financial losses you suffered from the pedestrian accident. These include current and future medical expenses, lost wages, and loss of earning potential.
Non-economic damages: These types of damages are more subjective. They refer to any non-monetary losses you may have, such as pain and suffering, loss of consortium, and emotional anguish.
When you are a pedestrian injured in an accident, you can first rely on your own health or car insurance to pay for the bills. Like a bike accident, if you own a car and have insurance, you can use your personal injury protection (PIP) insurance.
However, if you don’t have insurance or are not covered on someone else’s policy, the vehicle owner involved in the pedestrian accident will cover the claim. It’s important to note that limited tort restrictions do not apply to pedestrians.
If the driver flees the scene after hitting the pedestrian, then the pedestrian can use their uninsured/underinsured motorist coverage to pay for their expenses.
Who is Responsible for the Pedestrian Accident?
When drivers don’t oversee the road, the results can be devastating, especially for pedestrians. Some common causes of pedestrian accidents include:
- Distracted driving or texting behind the wheel
- Vehicles not yielding to pedestrians at crosswalks
- Turning at intersections without looking both ways
- Driving too fast to be able to stop in time safely
- Drunk driving or driving under the influence of drugs
- Design defects in crosswalk locations, including failure to consider upstream and downstream traffic flows
Urban areas have a much higher number of pedestrian accidents than rural areas, but many horrific accidents can happen on country roads. Winding roads with limited visibility and high speeds create the perfect environment for an accident involving a pedestrian, resulting in serious injuries.
In many of these accidents, driver negligence is usually the main culprit. After such a pedestrian accident, your pedestrian accident lawyer may file a lawsuit against the following parties:
- The driver: If the driver failed to follow the rules of the road, they could be held responsible for your accident.
- The vehicle manufacturer: If a defect in the car caused the accident, such as faulty brakes, the manufacturer may be liable for the accident.
- The government: If there is a problem with the crosswalk or the lighting system, the responsible party may be a government agency.
- The pedestrian: In some cases, the pedestrian may be held responsible for the accident. An example would be a pedestrian darting between two parked cars without looking for ongoing traffic.
How is Fault Determined in Pedestrian Accident Cases?
In any type of personal injury claim, an experienced pedestrian accident lawyer must prove that the negligent party had breached their “duty of care,” which caused your injuries and created a loss to the injured pedestrian.
For example, let’s say you are at an intersection. You are crossing the street as the light changes from green to yellow. You are almost across when a car turning right hits you. It is later determined that the driver was in a rush to work and was trying to beat the light. The driver admits to speeding but says you should be held at fault because you had time to get out of the way. How can you prove that the driver is at fault for the accident?
Your pedestrian accident attorney can show the driver is at fault by using the following elements:
- The driver and the pedestrian had a duty of care for each other. Duty of care means you are responsible for not causing harm to another individual when partaking in a situation that could harm that person. Drivers have the responsibility not to harm when driving. Pedestrians are responsible for following the law when crossing the street.
- The responsible party breached their duty of care. Using the example above, the driver was speeding during the accident. Since they were breaking the law, they breached their duty of care to the pedestrian. If the pedestrian followed the law, they did not breach their duty of care.
- The breach had caused an accident and injuries. Because the driver was speeding, they caused the accident and injured the pedestrian.
- The injury resulted in damages. Damages refer to any losses you experienced in the accident. This includes medical bills, ongoing care, lost wages, loss of earning capacity, pain and suffering, and more.
Could it Be a Problem with the Crosswalk?
Vehicles must yield the right of way to pedestrians when crossing the roadway within any marked or unmarked crosswalk at an intersection. But what if there is an issue with the crosswalk?
Sometimes, the driver may not be the only cause of a pedestrian accident. Crosswalk location and road design can also contribute to a pedestrian accident. Those who design and maintain public crosswalks must consider pedestrian safety. If they fail to do so, and the crosswalk itself is unsafe, those responsible can also be held accountable for a pedestrian accident. Potential defendants in crosswalk location negligence may include but are not limited to engineering firms and governmental agencies. If you’ve been injured while crossing the street, let a pedestrian accident lawyer at our personal injury law firm help you determine who is at fault.
Are Pedestrian Accidents Common?
According to the Pennslyvania Department of Transportation, pedestrian-related crashes represent 2.7% of all total reported traffic crashes in 2020. However, pedestrian accidents account for 12.9% of all traffic crash fatalities during the same period.
When looking at the past five years, pedestrian fatalities have fluctuated — from a high of 201 in 2018 to a low of 146 in 2020. Most pedestrian accidents occur when a person crosses a specified location, such as a crosswalk, followed by walking, jogging, or playing.
According to the National Highway Traffic Safety Administration, a pedestrian was killed every 85 minutes in traffic accidents in the U.S. in 2019. This equals approximately 6,205 pedestrians had died in traffic accidents in 2019.
What Injuries Do Pedestrians Suffer in Car Accidents?
Pedestrian accidents are often catastrophic because the human body simply cannot withstand the damage caused by a collision with a motor vehicle. The impact of being hit with thousands of pounds of metal can cause serious injuries, including:
- Deep cuts (lacerations) and bruises (contusions), including damage to major organs
- Head injuries, including concussions and more severe traumatic brain injuries (TBI)
- Dental or facial injuries, which may include eye injuries and loss of vision
- Spinal cord injuries, including paralysis or other loss of function
- Orthopedic injuries, including broken bones or damage to other parts of the musculoskeletal system
Pedestrian Accident FAQs
Q: What is Pedestrian Negligence?
A: If a person acts recklessly or carelessly, they could be liable for the pedestrian accident. For example, if a runner runs out in front of a vehicle without looking both ways and not at a crosswalk, that runner may have committed pedestrian negligence.
Q: What Happens if a Pedestrian Causes an Accident?
A: Just like an at-fault driver, if the reason a pedestrian was hit by a car, they may be responsible for the driver’s damages. This may include medical expenses, lost wages, pain, and suffering. Even if the pedestrian has been injured, they may still be liable.
Q: How Much Time Do I Have to File a Pedestrian Accident Lawsuit?
A: The statute of limitations for pedestrian-involved accidents varies from state to state. In Pennsylvania, for example, you have two years from the date of the pedestrian accident to file a pedestrian accident claim. Although two years may seem like a long time, the longer you wait to file a lawsuit, the harder it will be to reach a successful outcome.
Contact a Pedestrian Accident Lawyer at Munley Law Personal Injury Attorneys Today
For more than 60 years, the pedestrian accident lawyers at Munley Law Personal Injury Attorneys have represented pedestrian accident victims and their families across Pennsylvania. We understand your concerns and are ready to do whatever it takes to make sure you are properly compensated for your injuries or the loss of your loved one. Our award-winning team of pedestrian accident lawyers won’t rest until injury victims get the justice they deserve.
When you hire our accident lawyers, we will send investigators to the scene of your accident to examine the location and preserve evidence. We utilize top engineering experts and accident reconstructionists to build a winning pedestrian accident case for you.
Take the first step in hiring a pedestrian accident attorney at Munley Law. If you or someone you love were hit by a car or other motor vehicle, contact us for a free consultation. We do not collect a fee unless we win your pedestrian accident case.