Pedestrian Accident Lawyer in Allentown

What Pedestrian Accident Victims Should Know About Pennsylvania Laws

When an accident involves a pedestrian in Pennsylvania, it is important to understand the state and local laws that govern such incidents. Generally, drivers must yield to pedestrians in crosswalks, but this varies depending on the context. According to PennDOT, drivers must also yield when pedestrians are walking along or crossing a road with no sidewalk, however, pedestrians are only allowed to cross intersections at designated spots.

The driver’s degree of negligence when involved in an accident with a pedestrian is also something that plays into personal injury laws. Depending on the context and details of the incident, a court may determine whether the pedestrian’s conduct is negligent, thus bearing a portion of the fault or the accident and impacting the amount of damages they can receive from the defendant. For example, if a pedestrian runs out into traffic without looking, then chances are that their negligence contributed to their injuries, and as such any damages awarded will be significantly reduced based on their shared fault.

It is also crucial to consider if any particular laws were broken by either the pedestrian or driver before or during the incident as this can potentially further impact the outcome of a court case. Breaking traffic rules like jaywalking or other dangerous behavior that does not comply with street safety rules can limit what compensation victims are entitled to receive. Therefore, understanding these laws and being aware of one's surroundings are essential for both drivers and pedestrians alike when out on Pennsylvania roads and sidewalks.

When navigating these scenarios, it is important to consult legal experts to ensure that one understands their rights and obligations under Pennsylvania laws pertaining to automobile accidents involving pedestrians. With this knowledge, accident victims have an increased likelihood of getting the rightful compensation they deserve following an incident.

Having discussed what should be taken into consideration regarding Pennsylvania law when involved in an automobile incident with a pedestrian, it is just as essential to recognize what rights specifically protect pedestrians themselves.

In 2019, there were 5,977 pedestrians killed and a total of 137,052 pedestrians injured in motor vehicle traffic crashes in the United States.

According to the National Highway Traffic Safety Administration (NHTSA), the 6-year period from 2014–2019 saw an 11% increase in pedestrian fatalities from the past 6-year period from 2008–2013.

A 2019 report by the Governors Highway Safety Association (GHSA) found that pedestrian fatalities accounted for 17% of all motor vehicle fatalities nationwide, up from 13% in 2009.

Pedestrian Rights and Negligence

When it comes to pedestrian rights, there are certain laws and regulations that must be adhered to if a pedestrian is involved in an accident. In the event of an accident, it is important to determine who was at fault before taking legal action. In most cases, both parties will bear a portion of the fault. Determining to what percent will determine the outcome of the case.

For instance, if a driver failed to heed pedestrian crossing signals or did not give right of way when approaching an intersection, they could be considered negligent. Similarly, if a pedestrian was not obeying traffic rules or jaywalking across a street, they could also be found negligent in an accident. Negligence can be difficult to prove but with the assistance of a skilled accident attorney, a victim is more likely to receive the compensation they may deserve.

As with any legal case, both sides can raise arguments to support their assessment of liability but ultimately, it is up to a court of law to decide who was at fault and whether or not any damages should be awarded. The involvement of an experienced accident lawyer in such cases can be invaluable as they will use their knowledge of the legal system to best represent their client’s interests.

Now that we understand the importance of determining negligence in pedestrian accidents, let's further discuss what individuals should do when such an event occurs. The following section will discuss the steps one should take when involved in a pedestrian accident.

Steps to Take When Involved in an Accident

When you’ve been involved in a pedestrian accident, there are several steps that should be taken as soon as possible. Firstly, it’s important to see a doctor immediately and get checked for any injuries or medical conditions that may have occurred during the accident. You should keep all medical records documenting your treatment. These can be used as evidence in the future if you decide to file a personal injury claim.

You should document everything that happened and make sure to gather contact information from any witnesses at the scene of the accident. If possible, take pictures of the crash site, any property damage and any visible injuries you may have sustained from the accident. It is also advised that you avoid discussing details of your case with anyone – including insurance companies – without first consulting with your injury attorney. Some insurance companies will resort to tactics such as "low-ball" settlement offers to avoid paying victims full compensation, or they may even deny claims all together. In some cases, it may be advisable to allow your attorney to handle communications with the insurance company.

It is crucial to act quickly when filing a personal injury claim because of the statute of limitations set by Pennsylvania law which gives injured persons only two years after their injury claim arises to pursue damages in court. That said, it is best not to wait too long after an incident before seeking help from an Allentown pedestrian accident attorney.

Next, we will discuss Investigating the Accident and Gathering Evidence — an essential part of protecting your rights in a pedestrian accident case.

Investigating the Accident and Gathering Evidence

Following a pedestrian accident, it is important to conduct a thorough investigation of the facts and circumstances leading up to the collision. This includes taking pictures and videos of both the scene of the accident and any property damage, as well as talking with law enforcement officers and eyewitnesses who were present at the time of the crash. Having evidence of what happened before, during, or after an accident can be invaluable when it comes time to prove liability for the ensuing damages.

The at-fault driver’s insurance company may also attempt to gather their version of events soon after a crash. Their goal will be to minimize their financial liability to you, so it is essential that you have an independent set of evidence that accurately reflects your injury-causing situation. An experienced pedestrian accident attorney in Allentown can provide the legal insight necessary to properly analyze your case, reconstruct the scene if needed, and ensure that all relevant information gets properly documented for adjudication.

Some pedestrian vs. motorist cases can be settled out of court. For example, pedestrians involved in minor accidents with no injuries or property damage may agree with the driver and his/her insurer on a set dollar amount that covers any expenses related to their incident. In this case, both parties must sign a legally binding document that waives further legal action regarding their situation.

The Role of a Pedestrian Accident Attorney

The role of a pedestrian accident attorney in Allentown is extremely important in ensuring that you are appropriately compensated when involved in a pedestrian-related accident. While insurance companies have varying limits on coverage, a skilled accident attorney can review your case and propose a more appropriate solution that would cover medical expenses, lost wages, future earnings, and pain and suffering. Without representation, insurance companies can take advantage of the lack of knowledge or experience of an individual, leading to unfair settlements that don’t consider the severity of a situation or all applicable losses.

A personal injury lawyer will also ensure that relevant evidence is documented for your case, such as taking photos of hazards at the scene of the accident, collecting witness testimony, and collecting police reports. Additionally, a qualified attorney has access to resources that enable them to further investigate and find information pertaining to the case if necessary. If necessary, experienced attorneys will also be capable of hiring experts to review your case and provide testimony for your needs.

If you’ve been injured in a pedestrian accident, schedule a free consultation with us today. We can help you determine if you have a claim and help you to build your case. We work on a no-win-no-fee basis, meaning that you pay no up-front costs and will only owe a percentage of your settlement or award if the case is successful. Call today to see how we can help you.

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