Why Finding a Harrisburg Pedestrian Accident Attorney Matters for Your Recovery
A Harrisburg pedestrian accident attorney can help you steer the legal process after being struck by a vehicle to pursue fair compensation for your injuries and losses. Here’s what you need to know:
Key Services a Pedestrian Accident Attorney Provides:
Legal representation against insurance companies
Investigation of your accident to determine fault
Calculation of all damages including medical bills and lost wages
Negotiation for maximum compensation
Court representation if your case goes to trial
Contingency fee basis – you only pay if you win
When to Contact an Attorney:
Within the 2-year statute of limitations in Pennsylvania
Before giving statements to insurance companies
If you’ve suffered serious injuries requiring ongoing medical care
When facing financial hardship from medical bills and lost income
Walking should be safe, but in 2022, Dauphin County saw 2,805 traffic accidents, with 26 fatalities and 1,173 serious injuries. That’s 7 to 8 accidents every single day.
When you’re struck by a car, the consequences can be devastating. With no protection from impact, even low-speed collisions can cause traumatic brain injuries, broken bones, and other life-changing disabilities. The aftermath brings not only physical pain but also mounting medical bills, lost income, and overwhelming emotional stress as insurance companies often try to minimize or deny claims.
This guide explains your rights, the legal process, and how the right lawyer can help you rebuild your life after a devastating accident.
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When a car hits a pedestrian, the results can be life-changing. Understanding what qualifies as a pedestrian accident and why they happen can help you steer the legal process if you’ve been injured.
What Constitutes a Pedestrian Accident?
Legally, a pedestrian accident is a collision between a motor vehicle and anyone not in an enclosed vehicle. This includes people walking, jogging, standing, bicycling, skateboarding, or using a scooter. The key factor is vulnerability; pedestrians have no protection from the force of a vehicle, making even low-speed impacts potentially devastating. A Harrisburg pedestrian accident attorney handles these cases, as Pennsylvania law provides for compensation when drivers are negligent. You can learn more about different Pedestrian Accidents and their legal handling.
Common Causes of Collisions in Dauphin County
Most pedestrian accidents result from driver negligence. Common causes in Dauphin County include:
Distracted driving: Texting, talking on the phone, or using GPS can have tragic consequences.
Failure to yield right-of-way: Many drivers ignore that pedestrians have the right-of-way in crosswalks.
Speeding: Exceeding speed limits in residential areas reduces reaction time and increases impact force.
Impaired driving: Alcohol and drugs slow reaction times and cloud judgment. About half of all fatal pedestrian accidents involve an impaired driver.
Other factors: Running red lights, poor visibility, and unsafe turns also contribute to these preventable accidents, as noted by the National Highway Traffic Safety Administration’s research on several recurring factors.
Severe Injuries Resulting from Pedestrian Accidents
The human body cannot withstand the force of a vehicle collision. Injuries are often severe and life-altering:
Traumatic brain injuries (TBI): Ranging from concussions to severe brain damage affecting memory and basic functions.
Spinal cord damage: The impact can fracture vertebrae, leading to partial or complete paralysis.
Broken bones: The legs, arms, pelvis, and ribs are particularly vulnerable, often requiring surgery and long rehabilitation.
Internal organ damage: Life-threatening internal bleeding or ruptured organs may not be immediately apparent.
Severe road rash: Deep, painful abrasions from sliding on pavement can cause permanent scarring and infection.
Psychological trauma: Many victims suffer from PTSD, anxiety, or depression, with a lasting fear of traffic.
Recovery from these injuries can take months or years and lead to significant financial strain, which is why having a knowledgeable legal advocate is so important.
Critical First Steps After Being Hit by a Car
The moments after being struck by a car can be a blur of shock and confusion. What you do next can significantly impact your physical and financial recovery.
Prioritize Your Health and Safety
Your health is the top priority. Adrenaline can mask serious injuries, so even if you feel okay, take these steps:
Get to safety: If you can, move away from traffic to a sidewalk or other safe area.
Call 911 immediately: Request both police and medical help. A police report provides crucial evidence, and paramedics can assess your condition.
Seek medical care: Always accept a medical evaluation and go to the hospital if recommended. Seeking immediate medical attention creates a vital medical record linking your injuries to the accident, which counters a common insurance company tactic of arguing your injuries aren’t related.
Document the Scene and Gather Information
If you are able, gather as much information as possible at the scene, as this evidence is vital for your claim. Be sure to:
Get the driver’s information: Collect their name, contact details, driver’s license number, and insurance information. Photographing their documents is ideal.
Speak to witnesses: Get names and phone numbers from anyone who saw the accident. Their statements can be very powerful.
Take photos: Document everything, including the scene from multiple angles, vehicle damage, road debris, traffic signals, crosswalks, and your injuries. Note the weather and time of day.
Obtain the police report: Get a copy as soon as it’s available. It contains the official account and often the officer’s opinion on fault.
What to Do (and Not Do) When Dealing with Insurers
Insurance companies may contact you quickly. Their goal is to minimize payouts. Be cautious:
Report to your insurer: Notify your own insurance company with just the basic facts. Do not speculate or admit fault.
Never admit fault: Avoid apologizing or saying anything that could be interpreted as an admission of guilt.
Decline recorded statements: Politely refuse to give a recorded statement to the other driver’s insurer until you’ve spoken with a Harrisburg pedestrian accident attorney. These statements are often used to weaken your claim.
Reject quick settlements: Initial offers are almost always far less than what your case is worth. Don’t accept a lowball offer out of pressure. A Harrisburg Car Accident Attorney can help level the playing field and protect you from these tactics.
Navigating the Legal System with a Harrisburg Pedestrian Accident Attorney
After an accident, understanding the legal system is crucial. A skilled Harrisburg pedestrian accident attorney can guide you through proving fault, understanding your rights, and meeting important deadlines.
How Is Fault Determined in Pennsylvania?
In Pennsylvania, proving fault in a pedestrian accident requires showing the driver was negligent. This means demonstrating four key elements:
Duty of Care: The driver had a legal obligation to operate their vehicle safely.
Breach of Duty: The driver failed in that duty (e.g., by speeding or texting).
Causation: The driver’s failure directly caused your injuries.
Damages: You suffered actual losses, such as medical bills and lost wages.
Our investigation will gather evidence like police reports, witness statements, and surveillance footage to build a strong case proving the driver’s negligence. You can read a general Explanation of negligence for more background.
What if I Was Partially at Fault for the Accident?
Many people worry if they can get compensation if they were partially at fault, for instance, by crossing outside a crosswalk. Pennsylvania’s modified comparative negligence rule addresses this. You can still recover damages as long as you are found to be 50% or less at fault. Your final compensation will be reduced by your percentage of fault. For example, if you have $100,000 in damages but are found 20% at fault, you would receive $80,000. However, if you are found 51% or more at fault, you cannot recover anything.
Even with jaywalking implications, drivers still have a duty to avoid pedestrians. An attorney can work to minimize any fault assigned to you by focusing on the driver’s negligence. You can learn more about PA’s modified comparative negligence laws here.
Understanding the Pennsylvania Statute of Limitations
Time is critical in personal injury cases. Pennsylvania has a strict statute of limitations, giving you two years from the date of the injury to file a lawsuit. If you miss this deadline, you will likely lose your right to seek compensation.
The risks of delay are significant. Evidence like surveillance footage can be lost, and witness memories fade over time. Insurance companies may also use delay tactics, hoping you’ll miss the filing deadline. Contacting a Harrisburg pedestrian accident attorney promptly is crucial. Starting early allows for a thorough investigation and protects you from missing the strict Two years deadline while you focus on your recovery.
Why You Should Consider Hiring Legal Representation
After being hit by a car, you might be tempted to handle the insurance claim yourself, but these cases involve complex legal issues and aggressive insurance tactics that can result in far less compensation than you deserve.
The Value a Harrisburg Pedestrian Accident Attorney Brings to Your Case
Insurance companies have teams dedicated to minimizing payouts. A Harrisburg pedestrian accident attorney levels the playing field by countering their tactics and managing the complexities of your case. Key benefits include:
Thorough Investigation: We gather police reports, interview witnesses, obtain surveillance footage, and work with accident reconstructionists to build a strong case.
Accurate Damage Calculation: We go beyond immediate medical bills to calculate all potential damages, including future medical care, lost earning capacity, and pain and suffering.
Skilled Negotiation: We handle all communications with insurers, using our experience to negotiate for the compensation you deserve.
Legal Paperwork and Deadlines: We manage all filings and deadlines, allowing you to focus on your recovery.
Economic Damages: These are calculable financial losses, including current and future medical expenses, lost wages, and diminished future earning capacity.
Non-economic Damages: These compensate for intangible losses like pain and suffering, emotional distress (anxiety, PTSD), and loss of enjoyment of life.
Punitive Damages: In cases of extreme recklessness, such as drunk driving, these may be awarded to punish the at-fault party.
How Much Does It Cost to Hire a Harrisburg Pedestrian Accident Attorney?
We understand that you’re already facing financial strain. That’s why we use a contingency fee structure, which means:
No upfront payment: You pay nothing to get started on your case.
You only pay if we win: Our fee is a percentage of the compensation we recover for you. If we don’t win, you owe us nothing for our legal services.
Our fees typically range between 33% and 40% of the final award. This structure ensures you can afford legal help and likely end up with more compensation than you would on your own. We also offer a free, no-obligation initial consultation to review your case and explain your options.
Frequently Asked Questions about Harrisburg Pedestrian Accident Claims
After a pedestrian accident, you likely have many questions. Here are answers to some of the most common concerns we hear from clients.
What should I do if the driver fled the scene (hit-and-run)?
A hit-and-run is complex, but you have options. First, call the police immediately and provide any details you remember about the vehicle (make, model, color, partial plate). Also, look for nearby surveillance cameras and gather contact information from any witnesses. Importantly, your own uninsured/underinsured motorist (UM/UIM) coverage on your auto insurance policy may cover your injuries, even though you were a pedestrian. Fleeing the scene is a crime, and Pennsylvania law requires drivers to stop after an accident.
Can I still get compensation if I was crossing outside a crosswalk?
Yes, it is often possible to get compensation even if you were not in a marked crosswalk. Under Pennsylvania’s comparative negligence rules, drivers still have a duty of care to avoid pedestrians. While you may be found partially at fault, you can still recover damages as long as your fault is 50% or less. Your final award would be reduced by your percentage of fault. The specific facts, such as whether the driver was speeding or distracted, are critical in determining the outcome.
Will my case have to go to trial?
The good news is that the majority of these cases do not go to trial. Most claims are resolved through settlement negotiations, as trials are costly and unpredictable for insurers. However, we always prepare each case as if it will go to trial. This thorough preparation strengthens our negotiating position and shows the insurance company we are serious. If a fair settlement cannot be reached, we are fully prepared to represent you in court to fight for the compensation you deserve.
Conclusion: Taking the Next Step Toward Your Recovery
Being struck by a vehicle is a jarring experience that brings physical, financial, and emotional trauma. As this guide has shown, navigating the aftermath of a pedestrian accident in Dauphin County requires prompt and careful action.
Remember these key steps: seek immediate medical care, document the scene, and avoid giving recorded statements to insurers without legal advice. Most importantly, you don’t have to face this alone. Pennsylvania’s two-year statute of limitations makes it critical to act quickly before evidence is lost and your legal options expire.
At Metzger Wickersham, we have helped Pennsylvanians in these situations for over 135 years. We are available 24/7 and work on a contingency fee basis, so you pay nothing unless we win your case. Let us handle the legal complexities while you focus on healing.
The path to recovery doesn’t have to be walked alone. Learn how a Harrisburg auto accident lawyer can help you steer your claim and let us help you rebuild. Your recovery is our priority.
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Related content about Harrisburg pedestrian accident attorney:
When a car hits a pedestrian, the results can be life-changing. Understanding what qualifies as a pedestrian accident and why they happen can help you steer the legal process if you’ve been injured.
The moments after being struck by a car can be a blur of shock and confusion. What you do next can significantly impact your physical and financial recovery.
After an accident, understanding the legal system is crucial. A skilled Harrisburg pedestrian accident attorney can guide you through proving fault, understanding your rights, and meeting important deadlines.