Motorists are required to operate their vehicles with respect to all others on the road. This includes those traveling by foot. Pedestrians are uniquely at risk for devastating harm in the event a vehicle strikes them, often suffering catastrophic if not deadly injuries.
If you or a loved one were struck by a negligent driver while walking, jogging, or otherwise traveling by foot in the area, do not hesitate to speak with a seasoned attorney. A Delaware County pedestrian accident lawyer could help you collect and preserve the necessary evidence to hold the at-fault party responsible.
Proving Negligence After Being Struck by a Driver
In order to recover monetary damages for losses suffered after being struck by a negligent motorist, the pedestrian is required to demonstrate that the defendant’s unlawful conduct was the cause of their harm. Without sufficient proof of the defendant’s negligence, by a preponderance of the evidence, no recovery is possible. However, collecting this evidence can be difficult, especially if the pedestrian is catastrophically injured.
Fortunately, a dedicated local attorney could help prove negligence by investigating the facts of the injured pedestrian’s case. This involves analysis of police narratives, testimony by witnesses, and recordings if any of the incident. It may also require reconstructions of the accident. To prove the amount of damages, the attorney will consider the plaintiff’s medical costs, lost income, and much more.
Why are Pedestrians More Likely to Suffer Severe Harm in Accidents?
Pedestrians are uniquely vulnerable to hazards and accidents. The human body is not intended to endure high velocity impacts, such as when a negligent driver strikes them with their vehicle. Whether hit by a negligent operator of a car, truck, or motorcycle, a person traveling by foot can suffer devastating injuries, including:
- Skull fractures and traumatic brain injuries
- Whiplash and concussions
- Lacerations and skin damage
- Broken bones
- Loss of cognitive function
As these injuries can drastically impact a person’s quality of life, a Delaware County lawyer representing an injured pedestrian could help them seek compensation for a variety of losses, such as:
- Pain and suffering
- Wrongful death
- Loss of consortium
- Medical bills
- Costs of rehabilitation
- Lost income and earning capacity
However, recovering these damages can be difficult without skilled representation.
Benefit of a Delaware County Lawyer
Personal injury claims, including those that stem from a pedestrian accident, are necessarily complicated affairs. Self-representation is not recommended for any injured plaintiff as the litigation process is highly technical, and many require extensive legal knowledge in order to succeed.
One example of this is the time limits set by Pennsylvania law by which a claim must be filed. 42 Pennsylvania Code § 5524 sets a two year limit on pedestrian accident claims. Failure to file a proper claim by this time period could very likely result in its dismissal without consideration of its merits. This would result in the loss of potential compensation by a plaintiff, even if they may otherwise have been successful.
Get Help from a Pedestrian Accident Attorney in Delaware County
Being struck by a negligent motorist can result in devastating personal and financial losses. Fortunately, you have the legal right to hold the at-fault party financially accountable through a civil claim. Contact an experienced Delaware County pedestrian accident lawyer for assistance with your unique case.