Pedestrian accidents are among the most common accidents involving motor vehicles in Pennsylvania. These incidents often leave pedestrians with serious injuries that require extensive medical treatment, resulting in medical bills and lost wages. However, injured pedestrians have various avenues by which they can seek compensation for their injuries.
Pennsylvania Pedestrian Accident Statistics
According to the Pennsylvania Department of Transportation (PennDOT), an average of more than 3,000 pedestrians are injured and over 180 are killed by being struck by vehicles each year. In fact, on average, more pedestrians are injured in accidents each year than motorcyclists. These incidents are, unfortunately, all too common. However, it’s partially because they’re so common that Pennsylvania has laws on the books to protect pedestrians.
Pennsylvania’s Crosswalk Laws and Pedestrian Rights
Some of the most important laws regarding pedestrians that could play a role in your case include:
- When Crosswalks Are Present – Vehicles must yield the right of way when a pedestrian is crossing the road in a marked or unmarked crosswalk.
- When Crosswalks Are Not Present – When pedestrians want to cross the road where no crosswalk is present, they must yield the right of way to vehicles.
- Traffic Control Signals – Pedestrians and vehicles must follow traffic control signals, such as by not crossing an intersection during a red light.
- Exercising Care as a Pedestrian – Additionally, pedestrians should exercise care and not suddenly step into the path of a vehicle.
- Exercising Care as a Driver – If a vehicle stops to allow a pedestrian to cross the road at a crosswalk, other vehicles cannot pass the stopped vehicle, which may obscure their view of the pedestrian.
Liability for Pedestrian Accidents in Pennsylvania
Pennsylvania uses a modified version of comparative negligence when determining liability in personal injury cases. Under modified comparative negligence, a victim’s compensation is reduced by their degree of fault for the accident or their injuries. However, in Pennsylvania, if the victim is 51 percent or more at fault, they cannot recover compensation at all.
This is essential to remember because insurance companies often use modified comparative negligence to reduce the value of or deny injury claims. If you were on your phone when the vehicle struck you, an insurance company may claim you were partially at fault and reduce your compensation. For this reason, it’s essential to work with a skilled lawyer who can reduce your liability and maximize your recovery.
Options for Recovering Compensation as an Injured Pedestrian in Pittsburgh, PA
After a pedestrian accident, you have three main ways to seek compensation:
- Insurance Claims – Your first option for recovery is to file a no-fault insurance claim with your personal injury protection (PIP) insurance. If you do not have PIP insurance, you can file under a household member’s policy. If your injuries are serious and your expenses exceed your policy’s limits, you can file a claim against the at-fault driver’s liability insurance policy.
- Personal Injury Lawsuits – If the driver was primarily at fault for the accident and your injuries are serious, you may be able to file a personal injury lawsuit against them. Through a personal injury lawsuit, you can seek additional compensation beyond medical expenses and lost wages, such as for pain and suffering.
- Wrongful Death Lawsuits – If your loved one passed away due to injuries suffered in a pedestrian accident, you may be able to seek compensation for your loss through a wrongful death lawsuit against the at-fault party. This compensation can cover funeral and burial costs, lost financial support, and loss of consortium.
Steps to Take After a Pedestrian Accident
Pedestrian accident victims should take a few key steps to protect their right to seek compensation, starting with following up with medical treatment. You should continue seeking treatment until you fully recover or will not recover further. You should also keep track of all medical bills related to the accident so your lawyer can use them to calculate your expenses.
The next step is to document the accident by writing down everything you remember and photographing your injuries over time as they heal. This documentation can be instrumental if you need to testify about the incident later on, when the details may be hazy. Pedestrian accidents are traumatic events, and it can be hard to remember the details.
Finally, contacting a skilled injury lawyer is the best way to protect your rights. They can walk you through what to say to the insurance adjusters so you don’t miss out on compensation and help you negotiate a better settlement.
Contact Our Pittsburgh Pedestrian Accident Lawyers
If you were struck by a vehicle as a pedestrian in Pennsylvania, contact DelVecchio & Miller, LLC, for a free consultation with an experienced pedestrian accident lawyer. Our lawyers will review your case, explain your options for seeking compensation, and help you understand how Pennsylvania’s pedestrian laws could impact your case.