Pedestrian accidents can occur unexpectedly, leaving victims with severe injuries and mounting medical bills. In bustling cities like Philadelphia and Pittsburgh and quieter towns like Scranton and Wilkes-Barre, the risk of pedestrian accidents is ever-present so you may need a Pennsylvania pedestrian accident lawyer.
The aftermath of a pedestrian accident can be overwhelming. That’s where we come in. At Munley Law, we understand the challenges you face, and we are dedicated to providing compassionate support and expert legal guidance to accident victims for pedestrian accident claims throughout Pennsylvania.
If you’ve been injured in a pedestrian accident, don’t wait to seek help. Contact an experienced pedestrian accident lawyer at Munley Law today to discuss your case and start your journey toward justice and recovery.
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What Are a Pedestrian’s Rights in Pennsylvania?
Under Pennsylvania law, pedestrians have certain rights and protections. A pedestrian hit by a car or truck automatically assumes the benefits of full tort insurance, regardless of coverage. This means pedestrians automatically have the right to sue for pain and suffering, medical bills, and other losses, only compounding the need for a pedestrian accident lawyer.
Do Pedestrians Always Have the Right of Way?
Pedestrians do not always have the right of way. When crossing the street, they must obey traffic signs and signals and yield to vehicles without an intersection or crosswalk.
Pennsylvania has other laws about pedestrian traffic and rules about who has the right of way pedestrian accidents happen.
Pedestrian Laws in Pennsylvania
Pennsylvania has other laws about pedestrian traffic and rules about who has the right of way.
For Pedestrians:
- Pedestrians must obey traffic signals and signs, use crosswalks when available, and wait for the appropriate signals to cross streets.
- Pedestrians have the right of way at all marked crosswalks and intersections without signals or stop signs. However, they must yield to vehicles on the road when crossing outside these areas.
- When sidewalks are available, it’s illegal to walk along the roadway.
- If there are no sidewalks and you must walk on the road, always walk facing traffic, trying your best to avoid a motor vehicle accident.
For Drivers:
- Drivers must yield the right of way to pedestrians at crosswalks and intersections without traffic signals or stop signs.
- It is illegal for drivers to pass vehicles stopped at crosswalks, as they may be stopping for pedestrians.
- Even when pedestrians do not have the right of way, drivers must exercise care and avoid causing harm.
Can I Pursue a Pedestrian Accident Claim if I was Jaywalking?
Yes, you can still pursue a pedestrian accident claim even if you were jaywalking when struck by a motor vehicle. While pedestrians and injury victims must obey traffic signals and exercise caution when crossing the street, drivers are not responsible for watching for pedestrians and obeying the road rules. If the driver who hit you was speeding or driving under the influence, for example, they may still be found at fault for the accident and pedestrian accident injuries.
However, Pennsylvania follows a comparative negligence system, which means that if you are found partially at fault for the accident, your compensation can be reduced by your percentage of fault. Under Pennsylvania law, you can recover damages if you are not more than 50% at fault for the accident. However, your compensation will be reduced by the percentage of your fault. For example, if you are found to be 30% at fault for jaywalking and the driver is 70% at fault, you can still recover 70% of the damages from the accident.
In short, jaywalking can hurt your personal injury case, but it does not automatically mean you can’t sue. An experienced Pennsylvania pedestrian accident lawyer can investigate the details of your accident and determine where the fault lies.
What Are the Common Causes of Pedestrian Accidents in PA?
Common causes of pedestrian accidents include speeding, driving while intoxicated, distracted driving, and road conditions.
Driving at excessive speeds reduces a driver’s ability to stop or react in time to avoid hitting a pedestrian. Higher speeds also increase the severity of injuries in the event of an accident and give the driver less time to react and avoid hitting a pedestrian in the roadway.
According to the GHSA, 19% of pedestrian fatalities in 2021 involved a driver with a BAC of 0.08 or higher, and alcohol-related crashes have been on the rise in recent years.
Time of day and visibility can also factor in pedestrian accidents and fatalities. According to PennDOT, in 2022, most pedestrians were injured in daylight (64.2%), but more pedestrian fatalities occurred during non-daylight hours (76.6%).
Road conditions, such as the intersection layout, illumination, sidewalks, the presence or absence of crossing signals, and other factors, can also contribute to pedestrian accidents.
Distracted Driving
One of the leading causes of all vehicular accidents, including those involving pedestrians, is distracted driving. Texting, talking on the phone, using a navigation system, eating, or any activity that takes the driver’s attention away from the road can lead to a collision with a pedestrian. The distraction of even a few seconds is enough to result in disaster.
Three main types of distracted driving can lead to pedestrian accidents:
- Visual Distractions: Taking eyes off the road to look at a text message, navigation device, or something outside the vehicle.
- Manual Distractions: Take hands off the steering wheel to eat, adjust the radio, or use a phone.
- Cognitive Distractions: Letting the mind wander away from driving, even if hands are on the wheel and eyes are on the road.
A Pennsylvania pedestrian accident lawyer at Munley Law Personal Injury Attorneys can help determine the exact cause of your accident and hold the at-fault parties accountable.
What Are Common Injuries in a Pedestrian Accident in Pennsylvania?
Pedestrians who are hit by a motor vehicle can suffer serious injuries. These injuries can come with life-altering expenses like medical bills, lost income, lost earning power, and diminished quality of life. A pedestrian accident lawsuit aims to compensate the victim for these losses, protect their future security, and hold the negligent driver accountable.
Serious injuries sustained in a pedestrian accident include:
- Traumatic Brain Injuries (TBI): From mild concussions to severe brain damage, head injuries are among the most serious consequences of pedestrian accidents. They can result in long-term cognitive issues, physical impairments, and emotional disturbances. Brain injuries can take months or years to recover from and can have a lifelong effect on the victim’s ability to work and support oneself.
- Bone Fractures: The limbs are particularly vulnerable in pedestrian accidents, often resulting in fractures that can range from simple breaks to complex fractures requiring surgery.
- Lacerations and Bruises: Skin and soft tissue injuries are very common and can vary widely in severity. Some lacerations can also cause long-term scarring.
- Internal Bleeding and Organ Damage: The force of impact can cause internal organs to bleed, which can be life-threatening if not treated promptly. Vital organs such as the liver, kidneys, or spleen can be damaged upon impact, requiring emergency medical treatment.
The road to recovery can be long and challenging, often involving multiple surgeries, physical therapy, and psychological counseling. Victims may face significant medical expenses, lost wages, and reduced quality of life. A knowledgeable pedestrian accident lawyer will pursue compensation to cover these costs and ensure that victims receives the support they need to recover.
What Compensation Is Available for Pedestrian Accident Victims in Pennsylvania?
Compensation in a pedestrian accident case typically includes economic and non-economic damages.
Economic damages include medical bills, rehabilitation costs, therapy, lost wages, lost earning power, and related expenses.
Non-economic damages include losses that are harder to quantify but just as significant: physical pain and suffering, emotional distress, mental anguish, and altered quality of life.
You’ll need a skilled pedestrian accident attorney to recover the maximum compensation for your damages. At Munley Law, our lawyers work closely with some of the nation’s top medical and financial experts to calculate the full extent of your current and future losses related to your injuries. With decades of experience representing plaintiffs across Pennsylvania, we know how to negotiate a settlement or successfully present your case at trial.
How Can a PA Pedestrian Accident Lawyer Help?
In addition to calculating maximum damages in your case, a PA pedestrian accident lawyer can help you in numerous ways, including investigating your accident, proving liability and negligence, providing sound legal advice, and representing you during negotiations and trial.
Investigation
Pennsylvania pedestrian accident lawyers conduct thorough investigations into the circumstances of the accident, gathering critical evidence such as witness statements, accident reports, and surveillance footage. Our team also works with accident reconstruction experts and other professionals to build a strong case on your behalf.
Negotiating with Insurance
Dealing with insurance companies can be intimidating and confusing. We handle all communications and negotiations with insurance adjusters, fighting for fair and just compensation for your injuries and losses. Our goal is to ensure that you receive the maximum settlement possible. Injured victims with top-tier legal representation typically receive more than three times the compensation of those who attempt to settle with the insurance company independently.
Trial
If a fair settlement cannot be reached through negotiation, we will take your case to court. Our skilled trial attorneys are experienced litigators who will vigorously advocate for your rights in the courtroom. While many personal injury lawyers prefer to settle for less rather than go to trial, our lawyers truly thrive in the courtroom. We are board-certified trial advocates with decades of experience winning over juries for our clients.
Proving Negligence in Pedestrian Accident Cases
Proving negligence in pedestrian accident cases is essential for establishing liability and securing compensation for the victim’s injuries and losses. Here’s a breakdown of the key elements involved in proving negligence in Pennsylvania pedestrian accident cases:
Duty of Care: The first step in proving negligence is establishing that the defendant (usually the driver) owed a duty of care to the pedestrian. In Pennsylvania, all drivers must operate their vehicles safely and responsibly, considering the presence of pedestrians on or near the roadway. Drivers are expected to obey traffic laws, yield the right of way to pedestrians at crosswalks, and exercise caution when driving in areas where pedestrians are likely present, such as near schools or residential neighborhoods.
Breach of Duty: Once the duty of care is established, the next step is to demonstrate that the defendant breached that duty through their actions or failure to act. This could involve speeding, running a red light, failing to yield to a pedestrian in a crosswalk, or any other form of negligent behavior.
Causation: It must be shown that the defendant’s breach of duty directly caused the pedestrian’s injuries. This requires establishing that the accident would not have occurred if not for the defendant’s negligent actions.
Damages: Finally, the pedestrian must have suffered damages due to the accident, such as physical injuries, medical expenses, lost wages, pain and suffering, and other losses.
Why Choose Munley Law for Your Pedestrian Accident Case?
Choose Munley Law for your pedestrian accident case because of our unparalleled experience, proven track record of success, and unwavering commitment to securing the maximum compensation for our clients.
When you’ve been injured in a pedestrian accident, choosing the right legal representation matters, here’s why Munley Law stands out as the premier choice for pedestrian accident victims in Pennsylvania:
Experience: Munley Law has been representing people in Pennsylvania since 1959. Our attorneys have successfully handled numerous pedestrian accident cases and deeply understand Pennsylvania’s laws and regulations governing such accidents. With years of experience handling similar cases, we know the best strategies to maximize compensation for our clients.
Results: Our firm has a long history of securing substantial verdicts and settlements for pedestrian accident victims, totaling millions in compensation. We have the skills, resources, and determination to pursue the best possible outcome for our clients through negotiation or litigation.
Local Knowledge, National Reach: While we are based in Pennsylvania, our firm has a national reputation for excellence in personal injury law. We have successfully represented clients from across the country in a wide range of cases and work with some of the nation’s top experts to achieve the absolute best results for our clients.
No Fee Unless We Win: At Munley Law, we operate on a contingency fee basis, which means you don’t pay us anything unless we win your case. We believe in providing access to justice for all, regardless of financial circumstances.
Client-Centered Approach: We understand the physical, emotional, and financial toll pedestrian accidents can take on victims and their families. That’s why we provide compassionate, personalized attention to every client, guiding them through every step of the legal process with care and empathy.
Contact Our Pennsylvania Pedestrian Accident Lawyers Now
Contact a PA pedestrian accident attorney at Munley Law for a free case evaluation today. We do not charge unless we win your case.
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