Too many people are injured and killed each year while walking on or crossing the streets. In most cases, driver negligence is to blame, due to acts like texting while driving, exceeding the speed limit, driving under the influence, or simply reaching for something in their car and becoming distracted.
No matter the specific reckless act, an Allentown pedestrian accident lawyer could work with you to hold the at-fault party accountable for their negligence. A seasoned personal injury lawyer could also help pedestrian accident victims pursue a financial award or settlement for their damages.
Essential Elements of a Pedestrian Accident Claim
If a pedestrian accident attorney in Allentown takes on a pedestrian accident lawsuit, they must collect sufficient evidence to show that the defendant was at fault. This evidence may include sworn depositions from the plaintiff, their physicians, the defendant, and witnesses to the accident. Understanding your legal rights if you were hit by a car while walking is essential, as you may be entitled to compensation for your injuries and related losses.
Medical records and bills, employment records, insurance policies, and police reports are also common pieces of evidence in a pedestrian accident case. Whatever form evidence takes, it must demonstrate the following elements of legal negligence in order to facilitate a successful case:
- The defendant owed a duty of care to the plaintiff
- The defendant violated that duty by ignoring traffic laws or otherwise acting carelessly or recklessly
- The defendant’s violation caused an accident in which the plaintiff was involved
- The plaintiff suffered damages stemming directly from the accident
Settling Out of Court
If a plaintiff’s lawyer builds a case with sufficient evidence to prove all the elements of liability, a private settlement could be a possibility. Attorneys and insurance companies representing the defendant might find it beneficial to settle because they are more in control of how much they pay the plaintiff. Settling the lawsuit before it lands in a courtroom can also reduce the amount of time and resources used for the case, which may benefit both parties.
Statute of Limitations for Personal Injury Cases
The statute of limitations imposes a deadline on accident victims seeking to file a personal injury claim. These statutory limits are put in place to keep legal claims fair for both the plaintiff and defendant, and it pushes both sides to utilize more recent evidence in lawsuits.
For Allentown cases, there is a two-year statutory period from the date of the injury, according to 42 Pennsylvania Consolidated Statutes §5524. If the claim is against a city, county, or state government agency, however, the plaintiff must file a notice of intent to sue within six months. By hiring a knowledgable Allentown lawyer with experience in pedestrian accident claims, injured individuals could ensure that they do not miss this important deadline.
Call a Dedicated Allentown Pedestrian Accident Attorney
After being injured while walking by a negligent driver, you likely have mounting medical bills and anxiety to return to work to take care of your everyday expenses. These are stressors you should not have to experience, and you deserve to pursue compensation for the losses you incurred.
A seasoned Allentown pedestrian accident lawyer could personally review your case and help you understand the best next steps to take. Call today to schedule your case consultation.