Philadelphia Pedestrian Accident Lawyer
Pedestrian accidents typically occur in crosswalks at busy intersections. Most of the time, pedestrian accidents are caused by motor vehicle drivers who are speeding, texting while driving, failing to yield the right-of-way, or otherwise driving in a reckless or careless manner under the circumstances.
If you have been injured in a pedestrian accident, it is essential that you have experienced legal representation in your corner from the beginning of your case.
Strict time periods apply in pedestrian accident cases, and an experienced Philadelphia pedestrian accident lawyer could review the facts and circumstances of your case with you. Consult a determined personal injury attorney that could help you take the necessary legal action.
Transportation Laws
The Pennsylvania Transportation Code establishes the rules of the road for Pennsylvania drivers and pedestrians. Some of the most common regulations that surface in pedestrian accident cases include the following:
- If a crosswalk is present, pedestrians crossing the roadway must stay within the lines of the crosswalk
- Motor vehicles must yield the right-of-way to pedestrians who are lawfully in the crosswalk
- Pedestrians who are walking outside of the crosswalk have a duty to yield to motor vehicle drivers
- If no pedestrian crosswalk is present, pedestrians are to walk against the traffic
Elements the Plaintiff Must Prove
In order to prove that a motor vehicle driver was negligent for causing a pedestrian accident, the injured plaintiff must prove the following elements:
- Duty – the defendant motor vehicle driver owed a duty to other motor vehicles and pedestrians to drive safely and reasonably
- Breach – the defendant motor vehicle driver failed to drive in a safe, reasonable, and prudent manner under the circumstances then-and-there existing
- Causation – the defendant motor vehicle driver’s breach proximately resulted in the plaintiff pedestrian’s injuries and damages
- Damages – the pedestrian sustained injuries and damages
Insurance Companies and Disputed Liability in Pedestrian Accident Cases
In some pedestrian accident cases, insurance companies will dispute liability and place some (or all) of the blame on the injured pedestrian.
In cases where an insurance company disputes or denies liability, the doctrine of modified comparative negligence applies. Under this doctrine, if an injured plaintiff is deemed 50 percent or less at fault, then they can recover damages, less the proportion they are deemed to be at fault.
In cases where an injured pedestrian is deemed to be more than 50 percent at fault, no recovery is allowed under Pennsylvania law.
Available Damages
When a motor vehicle collides with a pedestrian, the injuries and damages can be catastrophic. Injuries may include broken bones or fractures, traumatic brain injuries (such as concussions and short or long-term memory loss), and soft tissue injuries.
Some of the most common types of damages available to injured plaintiffs in Philadelphia pedestrian accident cases include the following:
- Payment of medical and physical therapy bills
- Payment of lost wages for missed time from work
- Past, present, and future pain and suffering
- Loss of earning capacity
- Loss of companionship/consortium
- Mental anguish
An experienced Philadelphia pedestrian accident lawyer could help individual recover damages.
Working with a Philadelphia Pedestrian Accident Lawyer
If you have sustained injuries and damages in a pedestrian accident, you may be entitled to compensation under the law. Strict time limits apply in pedestrian accident cases, and you should not delay in seeking legal assistance.
Experienced Philadelphia pedestrian accident lawyers are ready and available to speak with you at any time to begin your case.
