Pennsylvania Pedestrian Accident Attorney

Pedestrians who are struck by cars or trucks are at a high risk for serious injury, as there is nothing to protect them from the force of impact during a collision. Pedestrian accident injuries include blunt force trauma, broken bones, brain injury, and sometimes even paralysis or death. Accidents involving pedestrians tend to occur most commonly at intersections and in parking lots. If you’ve been injured in a pedestrian accident in Pennsylvania, contact an experienced personal injury lawyer at Metzger Wickersham today. We can explain your rights and help you explore all avenues of compensation for your injuries. With a large support staff, and the extensive resources of a firm that has been around since 1888, our Pennsylvania pedestrian accident lawyers can represent you and your recovery. We have offices in Harrisburg, Lancaster, Pottsville, Shippensburg, Wilkes-Barre, Williamsport, Frederick, and York and can travel to meet you at your home, the hospital, or anywhere in the state. In 2022, Pennsylvania experienced a considerable number of pedestrian incidents. The state recorded a total of 3,211 pedestrian-related accidents. Tragically, these accidents resulted in 184 fatalities over the course of the year. These statistics highlight the critical importance of pedestrian safety measures in the state. Call (888) 707-7704 or contact us online for a free case evaluation with our firm today. We are available to take your calls 24/7!

Do Pedestrians Always Have the Right of Way?

Drivers always have a duty to be on the lookout for pedestrians. That being said, they occasionally have the right of way when it comes to sharing the road with people on foot. In other words, pedestrians do not always have the legal right of way in Pennsylvania—however, because drivers have a responsibility to do everything possible to avoid causing an accident with a pedestrian, they are often the ones to blame in these types of collisions. Driver responsibilities include yielding to pedestrians in crosswalks and at intersections, obeying speed limits, using turn signals, and staying alert to surroundings. Motorists must also exhibit extra caution when driving near or around pedestrians who appear lost, confused, disoriented, impaired, disabled, or intoxicated. Although driver negligence causes many pedestrian accidents, it is important to remember that pedestrians also have a responsibility to be cautious when sharing the road.

Key Pedestrian Laws in Pennsylvania

The following is an overview of some basic pedestrian laws in Pennsylvania:

• Pedestrians have the right of way at crosswalks and at intersections where there are no traffic signals
• Pedestrians have the right of way when walking on sidewalks that cross building entrances, parking structure entrances, roads, alleyways, driveways, etc.
• It is unlawful to walk on a roadway if there is a sidewalk available
• If no sidewalk is available, pedestrians must remain on the shoulder or edge of the road as far away from traffic as possible; if it is a two-way road you should walk on the left side
• Pedestrians must yield to motorists when walking along the side of a roadway
• In urban areas, pedestrians cannot cross the street at any place except a marked crosswalk between intersections
• Pedestrians cannot cross an intersection diagonally (also known as jaywalking) unless they have received authorization to do so from a police officer or another traffic control person
• Pedestrians may not suddenly enter a roadway from a sidewalk or another place of safety when vehicles are unable to stop or yield

Drivers and pedestrians can both play a part in avoiding accidents by following basic safety precautions and following the rules of the road.

Pedestrian Safety Tips for Navigating Roadways

Walking near roadways requires vigilance to ensure safety. Here are essential tips every pedestrian should follow:

1. Stay Alert: Always keep your senses on high alert when walking around traffic. This means removing distractions such as headphones, especially when crossing streets, as your hearing complements your vision in detecting potential dangers.
2. Eyes on the Environment: Direct your attention to your surroundings rather than your phone. This will help you stay aware of any vehicles, cyclists, or other pedestrians in your vicinity.
3. Communicate with Drivers: Before stepping onto a street, make an effort to establish eye contact with drivers or signal your presence. This mutual acknowledgment ensures they are conscious of your intent to cross.
4. Cautious Crossing: When approaching an intersection, make sure to glance left, right, and left again. Continue scanning all directions as you proceed to cross, ensuring you’re aware of any sudden vehicle movements.
5. Utilize Crosswalks: Whenever possible, cross at designated crosswalks or intersections. Crossing in the middle of a block can expose you to an increased risk of accidents.
6. Stick to Safe Paths: Use sidewalks or pedestrian paths if available. In the absence of designated walkways, walk on the left side of the road to face oncoming traffic, keeping a safe distance from vehicles.

By following these practical tips, pedestrians can significantly enhance their safety while navigating areas shared with motor vehicles. Stay vigilant and commit to these practices to ensure a safer journey.

Seeking Justice After a Pedestrian Accident

More often than not, pedestrian accidents happen because motorists are not paying attention or are driving aggressively or recklessly. When this is the case, injured individuals or the families of those wrongfully killed in pedestrian accidents can seek compensation by filing personal injury claims or lawsuits against the liable party. You may have grounds for a case if the motorist who hit you engaged in any of the following negligent or wrongful behaviors:

• Texting while driving or driving while distracted
• Driving under the influence of alcohol or drugs
• Driving while fatigued/falling asleep at the wheel
• Speeding, including driving too fast for weather or road conditions
• Failing to check for pedestrians before turning
• Making unsafe or unlawful turns or passing unlawfully
• Failing to yield the right of way
• Aggressive or reckless driving
• Failing to obey traffic control devices, such as red lights or stop signs
• Violating traffic laws/rules of the road

You might also have a case if you can prove that third-party negligence contributed to or caused the accident. This could be the case if an auto defect prevented the motorist from stopping in time to avoid a collision or if the roadway was defective, leading to the crash. At Metzger Wickersham, we can evaluate the factors involved in your case to determine who is liable. We understand the immense impact pedestrian accidents have on victims, as well as their loved ones, which is why we always strive to recover maximum compensation.

Compensation for Pedestrian Accident Victims

Due to the severity of their injuries, pedestrians who are hit by large, heavy motor vehicles often require emergency medical attention and extensive, ongoing care. This typically results in massive medical bills and ongoing expenses, made all the more difficult when victims are unable to return to work for weeks, months, or even years. By filing a personal injury claim against the at-fault party, we can help our clients fight for fair compensation for these and other damages. Depending on the specifics of your case, we may be able to help you recover for the following damages:

• Emergency medical care
• Ongoing and future medical expenses
• Treatments, hospitalization, medications, and related costs
• Pain and suffering, including emotional distress
• Lost income/wages, including future earnings
• Lost or reduced earning capacity due to disability or impairment
• In-home assistance and care
• Counseling and/or therapy
• Post-traumatic stress disorder (PTSD), anxiety, depression, etc.

At Metzger Wickersham, we truly care about you and are committed to do everything possible to help you get back on your feet. Our team of experienced Pennsylvania pedestrian accident lawyers is here to answer your questions and address any concerns you may have when navigating the legal process. The Pennsylvania Workers’ Compensation Act sets the guidelines for handling workplace injuries, ensuring that most employees in Pennsylvania are eligible for benefits. These benefits are designed to provide financial support for injured workers, covering medical expenses and a portion of lost wages. Under the Act, coverage is typically automatic, meaning most employees are protected without needing to take additional steps before an injury occurs. However, to secure these benefits after an injury, workers must adhere to a specific claims process. This includes promptly reporting the injury to their employer and submitting all necessary documentation within specified timelines. Failure to comply with these procedures can result in the loss of benefits, so it’s critical for workers to understand and follow the outlined process meticulously. In essence, the Act acts as both a safety net and a structured guide, ensuring that employees receive due compensation while also maintaining an organized claims system.

The Risks of Distracted Walking

Texting and driving collisions have been on the rise in recent years, with distracted drivers causing as many as one out of every four crashes nationwide. There are numerous educational efforts aimed at alerting the public to the risks of distracted driving. However, distracted driving is not the only potential cause of injury from cell phones. Studies suggest that distracted walking may be just as dangerous for pedestrians. According to Science Daily, around 10 percent of pedestrians who seek treatment in emergency rooms after an accident were texting when their injuries occurred. This estimate may actually be lower than the reality, because many pedestrians who get hurt while on their phones are embarrassed to admit the role distraction played in the incident. Further, the number of people injured in distracted walking accidents has increased dramatically between 2004 and 2010. Healthline reports that emergency room visits resulting from cell phone use while walking have tripled over this time period. The largest increase in pedestrian accidents has been among people between the ages of 16 and 25.

Legal Rights and Distracted Walking Accidents

A texting pedestrian faces the same three types of distraction that a texting driver does: manual, cognitive, and visual distraction. Like a distracted driver, a distracted pedestrian is not looking at the road or sidewalk in front of them; instead of focusing on safety, their brain is focused on the text message being sent or read. Due to lack of attention, pedestrians put themselves at serious risk of injury when they use their phones as they walk. Texting pedestrians are at risk of bumping into things, walking into walls, or even stepping out into traffic. If a distracted pedestrian walks into traffic, they could be deemed partially at fault for any accident caused as a result of their negligent actions. However, a driver may still share some legal responsibility if they strike and injure a distracted pedestrian with their vehicle. Under Pennsylvania’s comparative negligence law, an injured pedestrian could potentially recover compensation as long as the driver is found to be at least 51 percent responsible for the accident that occurs. The driver will pay only for the portion of the damages equal to his part in causing the crash. If you’ve been injured in any type of collision, whether as a driver or a pedestrian, it’s always best to contact a qualified attorney. Pennsylvania law can be confusing, and an experienced pedestrian accident lawyer in Harrisburg can help you understand your rights and explain how the law applies to your particular case.

How Long Do You Have to Recover Compensation for a Pedestrian Accident?

Pedestrian accidents can have devastating consequences, often resulting in severe injuries and emotional trauma. If you’ve been involved in a pedestrian accident in Pennsylvania, it’s crucial to be aware of the statute of limitations, which dictates the timeframe within which you can file a legal claim. In Pennsylvania, the statute of limitations for pedestrian accidents is two years. Understanding this time constraint is essential for anyone seeking compensation for injuries and damages resulting from such incidents.

Importance of Timely Legal Action

Prompt action is vital for several reasons. Firstly, evidence may deteriorate or disappear over time, making it more challenging to build a strong case. Witnesses may forget crucial details, and the ability to gather accurate information may diminish. Secondly, initiating legal proceedings promptly allows for a more efficient process, giving you a better chance of receiving timely compensation to cover medical bills and other expenses.

How Our Pedestrian Accident Lawyers Can Assist You

Navigating the legal complexities of a pedestrian accident case in Pennsylvania can be overwhelming, especially when dealing with the emotional and physical aftermath of such an incident. Hiring an experienced personal injury lawyer can be instrumental in ensuring that your rights are protected and that you receive fair compensation.

• Legal Experience: A skilled lawyer specializing in pedestrian accidents will have a deep understanding of Pennsylvania’s personal injury laws. They can interpret how these laws apply to your case and guide you through the legal process.
• Investigation and Evidence Gathering: Lawyers can conduct thorough investigations to gather evidence supporting your claim. This may include obtaining accident reports, interviewing witnesses, and collaborating with experts to reconstruct the incident.
• Negotiation and Advocacy: Lawyers are adept at negotiating with insurance companies and opposing parties. They can advocate on your behalf to secure a fair settlement that adequately compensates you for your injuries and damages.
• Legal Deadlines and Procedures: An experienced lawyer is well-versed in the statute of limitations and other legal deadlines. They ensure that all necessary paperwork is filed correctly and within the stipulated time frames, protecting your right to pursue a claim.

Understanding the Difference: Third-Party Claims vs. Workers’ Compensation

When discussing third-party claims and workers’ compensation, the main distinction lies in determining fault and the type of compensation available. Let’s break down these differences.

Fault and Liability

• Workers’ Compensation: This is a no-fault insurance system. Regardless of who caused the workplace accident, injured employees are entitled to benefits. Even if the accident was due to the employee’s own carelessness, they can still claim compensation, provided they weren’t impaired by substances or acting violently.
• Third-Party Claims: These require establishing that another entity, separate from the employer, is responsible for the accident. The injured party must demonstrate that this third party’s negligence or intentional actions led to their injury.

Types of Compensation

• Workers’ Compensation Benefits: These typically cover medical expenses and a portion of lost wages. However, they do not extend to non-economic damages such as pain and suffering, emotional distress, or loss of companionship.
• Third-Party Claims Compensation: Filing a third-party claim opens the door to additional compensation, including non-economic damages. This can encompass pain and suffering and other related emotional impacts of the injury.

In summary, while both options provide essential support for injured workers, understanding these nuances can help individuals navigate their options more effectively.

What To Do When an Insurance Company Offers a Lump-Sum Settlement

If an insurance company proposes a lump-sum settlement and you don’t have legal representation, proceed with caution. Although the offer might seem appealing, it’s crucial to understand that it often doesn’t fully reflect the true value of your claim.

Key Steps to Take:

1. Evaluate the Offer: Remember, settlement amounts are typically lower than what you might actually deserve.
2. Consult a Professional: Before making any decisions, it’s wise to speak with an experienced workers’ compensation attorney. They can help you assess the true value of your claim and ensure you aren’t shortchanged.
3. Understand Your Rights: Without a clear understanding of your entitlements under workers’ compensation laws, you risk accepting less than you’re owed.

By taking these steps, you can make a more informed decision that protects your interests and potentially maximizes your compensation.

Contact Us for a Free Pedestrian Accident Case Evaluation

If you or someone you love was injured after being hit by a car, motorcycle, truck, or even a bicyclist, Metzger Wickersham can help. We draw on more than 135 years of experience and a long-standing reputation for aggressive client advocacy. We now utilize this experience when standing up to powerful insurance companies and their defense teams. They know that we will not back down from a challenge and that we are prepared to fully litigate our clients’ cases at trial. We offer free consultations and contingency fees. This means that you do not pay anything upfront or out-of-pocket when you hire our firm. Instead, our attorneys only collect fees if they successfully recover compensation for you. To learn more, contact us online or call (888) 707-7704 .