Collisions that occur between a vehicle and someone traveling by foot could result in devastating, even deadly consequences for the pedestrian. If you were struck by a careless driver while you were walking, you should discuss your case with a Bala Cynwyd pedestrian accident lawyer as soon as possible.
A dedicated injury attorney could review your case, determine what damages you could recover, and fight on your behalf in either settlement negotiations or in court. Professional counsel and guidance could provide peace of mind while navigating the complex legal process and answer any questions you may have.
Common Causes for Pedestrian Collisions
Pedestrians have no protection from the impact of an oncoming vehicle and can subsequently sustain a wide variety of catastrophic injuries, including paralysis, broken bones, traumatic brain damage, organ damage, lacerations, and spinal cord trauma. It is also not uncommon for these injuries to be fatal.
Vehicles can strike pedestrians when drivers are behaving in a careless or reckless manner. Local attorneys often see pedestrian collisions occur when drivers are:
- Distracted
- Driving while under the influence of drugs or alcohol
- Ignoring traffic signals and stop signs
- Speeding
- Failing to yield
- Failing to use headlights at night or in poor weather
- Failing to check blind spots
- Failing to use turn signals
Pennsylvania Laws for People Traveling by Foot
Pennsylvania General Assembly Title 75, Chapter 35 outlines pedestrian rights and duties that determine the validity of legal claims. The law states pedestrians must yield to drivers when crossing at non-intersection areas without crosswalks. Pedestrians who do not follow this law and sustain vehicle-related injuries can see their damage amount reduced or the case dismissed, depending on the facts of the specific case.
Pedestrians should never run or walk unexpectedly in front of a moving vehicle, and both pedestrians and drivers must follow traffic-controlled devices such as traffic lights and crosswalk signs. Additionally, while drivers must yield to pedestrians in crosswalks, they do not have to stop their vehicles until the pedestrians have stepped into the crosswalk. It is also unlawful for a driver to pass another car while a person is using a crosswalk.
What If the Claimant was Partially at Fault?
In Pennsylvania, a court must assign a percentage of fault to both plaintiffs and defendants to determine a claimant’s total recoverable damage award. An injured pedestrian in Bala Cynwyd can still seek financial compensation with the help of an experienced attorney, so long as the court does not find them to be more at fault for the accident than the defendant. However, the claimant’s total award will be reduced by the percentage of fault assigned to them.
Schedule a Consultation with a Bala Cynwyd Pedestrian Accident Attorney
If you or your loved one were hit by a negligent driver while out walking, you should not hesitate to seek guidance from a well-practiced attorney. A Bala Cynwyd pedestrian accident lawyer could answer any questions you may have and provide trustworthy advice on how to move forward with your claim. Contact us today and schedule your free case consultation. We look forward to hearing from you.
