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I was Injured in a Pedestrian Car Accident. Can I Sue?

  • Published: May 25, 2022
I was Injured in a Pedestrian Car Accident. Can I Sue?

Pedestrian Car Accidents Common as Traffic Deaths Reach Nationwide High

Last year traffic deaths reached a nationwide high for the first time in 16 years. Traffic deaths are projected to continue on an upwards trend throughout 2022. The increase is suspected to be a result of reckless driving. Reckless driving has been on the rise since the pandemic, as work from home flexibility lessened the number of drivers on the road. Pandemic drivers became accustomed to speeding on open roads, avoiding road congestion, and violating a number of other traffic laws. The results have been fatal. Last year, 45 pedestrians were killed in Philadelphia alone. And reckless drivers, often under the influence, continue to make local headlines. 

Many Philadelphia residents are pedestrians who rely on accessible sidewalks and crosswalks in high traffic areas. Nearly 30 percent of residents in the city do not own a vehicle. Pedestrians in the city also enjoy additional protections. In Pennsylvania, there is a heightened standard for pedestrians crossing the street by crosswalk. These additional protections are because the law appreciates that drivers have a responsibility to ensure the safety of pedestrians and the safety of pedestrian crosswalks. If you are a pedestrian who was struck by a car while in the crosswalk you may have a strong case. 

Common Injuries in Pedestrian Car Accidents 

Despite additional pedestrian protections, the rise in the number of reckless drivers and car accidents is alarming. Pedestrians need to be more vigilant than ever and exercise caution when walking or crossing busy streets. Pedestrian car accidents are  most likely to happen at night due to decreased visibility, and walkers dressed in dark clothing are at a higher risk of being unseen by drivers. These types of car car accidents most typically occur at crosswalks, intersections, and stop signs.

While most crashes are not fatal, pedestrians struck by cars often sustain serious injuries like spinal cord damage or even brain damage. Other, less severe injuries include concussions, broken bones, and lacerations or abrasions. These injuries can cause the injured parties to miss work, lose out on wages, and accumulate medical bills–not to mention the emotional and psychological stress that accompanies recovery. 

Are Drivers Liable for Pedestrian Car Accidents? 

It depends. While it’s easy to falsely assume that drivers are always at fault for pedestrian car accidents, this is not always the case. Inattentive pedestrians can contribute to accidents as well. Walking along streets without sidewalks, jaywalking, or failing to pay attention to traffic signals are dangerous practices likely to cause car accidents.

When recovering damages after a pedestrian car accident, assessing liability is important. Pennsylvania follows modified comparative fault laws, which means that the injured person can recover damages only if they were less responsible than the other party for the accident. This means damages can only be pursued if the injured person was less than 50 percent at fault.. Section 7102 of the Pennsylvania General Assembly says that damages recovered by the plaintiff will be reduced in proportion to the amount of negligence attributed to the plaintiff. 

When Should I Make A Personal Injury Claim? 

If you have been injured in a pedestrian car accident, you should seek counsel right away. In Pennsylvania, the statute of limitations on personal injury claims is two years from the date of the accident. Working with an attorney as soon as possible will help ensure you have the best options when it comes to recovering damages. 

Attorney Crichton has reached substantial settlements for pedestrians injured in car accidents. Most recently, he reached a $100,000 policy limit settlement for a client that was injured by a vehicle that then fled the scene. 

You can receive compensation for lost wages, inability to work, physical or emotional suffering, medical bills, and more. Attorney Crichton will lead your case while you focus on recovery. 

Call (267) 225-3317 Today for a Free Consultation! 

If you’ve been injured in a pedestrian car accident, speak with an attorney today and receive an individualized case consultation. 

All personal injury matters are taken on a contingency basis. This means that we don’t get paid until we win compensation for you! All the costs of investigation and litigation are contingent on recovery and if we don’t win you money, you owe us nothing.

 

Troy Crichton

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