Pedestrian accidents are unfortunately quite common. According to the CDC, nearly 104,000 pedestrians were treated in emergency departments for crash-related injuries in 2020. Additionally, over 7,000 pedestrians were killed in traffic crashes that same year, averaging one death every 75 minutes. Pedestrians are particularly vulnerable in these incidents, often facing severe injuries due to the lack of protection compared to vehicle occupants.
What To Do If You’re Hit By A Car As A Pedestrian?
If a pedestrians is hit by a car, there are a number of steps they should take as soon as possible:
How Is Pain And Suffering Calculated In A Pedestrian Accident?
Calculating the amount of compensation you deserve for the pain and suffering you experienced as a result of a pedestrian accident varies from state to state.
In Pennsylvania, there are several factors that affect the calculation of pain and suffering damages including the length of time it has taken to recover, the severity or permanence of the injuries, the age of the individual, the overall impact the injury has had on the person’s life and any emotional trauma stemming from the injury. The more evidence you have to support these factors, the more compensation you’ll be entitled to for pain and suffering.
What Are The Causes Of Pedestrian Accidents?
Although the majority of drivers follow the rules of the road, accidents involving pedestrians still regularly occur. The major causes of pedestrian accidents include:
- Drunk or Impaired Driving
- Distracted Driving or Texting While Driving
- Speeding
- Weather Conditions that Make it Difficult to Control Vehicles or Impair Visibility
- Improper Entry into Bike Lanes and Crosswalks
- Failure to Yield to Pedestrians with Right-Of-Way
When Should I Seek Legal Advice For My Pedestrian Accident?
If you have been injured in a pedestrian accident, it’s a good idea to approach one of our experienced pedestrian accident lawyer in Philadelphia. We can analyze your case and help you determine the best course of action for your claim. Although you may be able to sort a settlement on your own, an experienced attorney can ensure that you receive a fair settlement that accurately reflects the changes to your lifestyle.
Under Pennsylvania’s statute of limitations, pedestrians have two years to file a claim for their injuries. However, if the accident was caused by a government entity (such as a police vehicle), the injured party has only six months to file a claim.
How Is Fault Determined In A Pedestrian Accident Case?
Fault in a pedestrian accident case is determined by examining the circumstances of the accident and assessing the actions of both the driver and the pedestrian. Investigators consider various factors such as:
- Traffic Laws: Whether the driver or pedestrian violated any traffic laws, such as speeding, running a red light, or jaywalking.
- Duty of Care: Drivers have a duty to operate their vehicles safely, and pedestrians are also expected to follow traffic rules. Determining who breached this duty is key to assigning fault.
- Evidence: Witness statements, traffic camera footage, police reports, and accident reconstructions help establish fault. This evidence provides clarity on whether the driver was distracted or if the pedestrian was in a crosswalk at the time of the accident.
- Comparative Negligence: In some states, fault may be shared between the driver and pedestrian. For example, if a pedestrian was not using a crosswalk but the driver was speeding, both may share responsibility.
What Kind Of Compensation Can I Get For A Pedestrian Accident?
Depending on the type of claim you have, the compensation amount can greatly differ. The amount of compensation you receive is related to the extent of injuries you sustained, how much treatment you received, who was at fault, and whether or not your injuries are permanent. You can also be compensated for time missed at work or other expenses that stemmed from the accident. Sitting down with one of our Philadelphia pedestrian accident attorneys can help you determine your case and what kind of settlement you may be entitled to.
Can I Still Recover Compensation If I Was Partially At Fault For The Accident?
Yes, you may still recover compensation even if you were partially at fault for the pedestrian accident. Pennsylvania follows a comparative negligence rule, which means you can seek damages as long as you are not more than 50% responsible for the accident. However, your compensation will be adjusted based on your percentage of fault. For instance, if you are 20% at fault, your total compensation would be reduced by 20%. An experienced pedestrian accident lawyer in Philadelphia can help reduce your fault percentage and secure the highest possible settlement.
Will My Case Go To Trial, Or Can It Be Settled Out Of Court?
In most pedestrian accident cases, a settlement is reached out of court before going to trial. Insurance companies often prefer to negotiate and settle to avoid the time and cost of a trial. However, if a fair settlement cannot be agreed upon, your case may go to trial. Zafran Law Group’s experienced pedestrian accident lawyer in Philadelphia will work to negotiate the best possible settlement for you but will also be prepared to take your case to court if necessary to ensure you receive the compensation you deserve.
How Long Does It Take To Receive A Settlement In A Pedestrian Accident Claim?
Once a settlement between the parties is reached, processing a settlement can sometimes take as long as six weeks. Often, the law firm must ensure that payments make their way to all the involved parties, and then the law firm will cut the injured party a check for the remainder of the settlement. Sometimes additional information is needed before payments are finalized as well.
To confirm when you’ll be able to expect your settlement check, call your Philadelphia pedestrian injury lawyer at Zafran Law Group to determine an exact timeline for your settlement.