Philadelphia Pedestrian Accident Lawyer
While it may seem obvious that a driver is always at fault in a collision with a pedestrian, proving that fault in court can be more challenging than people realize. With this in mind, it is important to consult with an experienced personal injury attorney after being injured in a pedestrian accident.
A Philadelphia pedestrian accident lawyer could help you to pursue your case for the compensation that you deserve, including payments for the costs of medical treatment, reimbursement for any lost earnings, and payment for pain and suffering.
When is a Driver At-Fault in a Pedestrian Accident?
A driver is always obligated to yield to pedestrians who are crossing the street in a crosswalk, especially in situations where the driver encounters a stop sign or a red light. A failure to yield for a sign or signal that results in a collision is almost certainly the driver’s fault.
Other cases are less clear. A collision may occur when a pedestrian is attempting to enter their own car that is parked on the side of the road. In other cases, a pedestrian may enter the road without a crosswalk to chase a running child or to retrieve an item that rolls into the road.
In some cases, a jury may limit a plaintiff’s award if they believe that the plaintiff partially contributed to the accident. The Commonwealth uses a concept known as modified comparative negligence to award damages in cases involving shared fault. According to PA Gen. Stat. §7102, a jury will reduce a plaintiff’s award based on their percentage of fault for the incident. In addition, if a plaintiff is more than 50 percent at fault, they cannot recover any compensation. A Philadelphia pedestrian accident lawyer could help to demonstrate defendant fault and refute the concept that a plaintiff shares blame for the incident.
Potential Damages in a Philadelphia Pedestrian Accident Case
Pedestrian accidents have the potential to inflict serious physical injuries. A car that comes into contact with a pedestrian at a low speed could still collide with enough force to knock a walker to the ground, resulting in severe cuts and scrapes, separated joints, broken bones, and traumatic brain injuries. Collisions that occur at higher speeds are certain to cause severe catastrophic injuries that may permanently affect a complainant’s life.
A comprehensive claim must examine the full consequences of the accident on a plaintiff’s livelihood. For example, many incidents leave victims unable to work, either as the result of seeking temporary medical attention or due to a permanent disability. A Philadelphia pedestrian accident claim could allow a victim to demand compensation for their lost income.
A claim could also help a plaintiff recover payments for non-economic damages, including compensation for pain and suffering, loss of enjoyment of life, or disfigurement. A Philadelphia pedestrian accident lawyer could help to measure a person’s losses and help that victim seek payments from at-fault drivers.
A Philadelphia Pedestrian Accident Lawyer Could Help You
Car accidents involving pedestrians are often serious. An impact at even a few miles an hour may cause injuries that last for months or years. Just because you suffered an injury however, does not mean that the legal process will be simple.
A Philadelphia pedestrian accident lawyer could help you to hold negligent drivers responsible for their actions. An attorney could gather evidence from the scene of the incident, speak to any witnesses, form comprehensive demand packages, and represent your interests in court. Contact a Philadelphia pedestrian accident lawyer today to get started.