Walking is a great way to get exercise, stay healthy and save on gas. Unfortunately, some motorists don’t take as much caution around pedestrians as they should. If you were hit by a car while crossing the street, you may be dealing with high medical bills and loss of income due to time off work. This can be overwhelming when you are trying to focus on your health.
Under Pennsylvania state law, you can file a lawsuit against the negligent party responsible for your accident. Our Allentown pedestrian accident lawyers at Ostroff Injury Law can guide you through this legal process and help you get paid for your injuries.
Led by founding attorney Jon Ostroff, our Lehigh Valley personal injury lawyers have won verdicts and settlements for over 30,000 accident victims. In a past pedestrian accident case, we were able to recover a $450,000 settlement for a client who was hit by a vehicle and suffered shoulder and neck injuries. We also recovered $150,000 for a young girl that was struck by a car when she was outside of the crosswalk. $100,000 was recovered from the driver of the car and another $50,000 from the municipality who was responsible for the roadway.
Whether you were injured in a crosswalk accident, or you were struck outside of a crosswalk, reach out to our skilled personal injury attorneys. Our Allentown Pedestrian lawyers can identify the potential parties who may be responsible for compensating you and we will be happy to lay this all out for you in your free consultation.
Motorists’ Responsibility Toward Pedestrians
All motorists in Pennsylvania owe one another a duty of care. This duty requires all individuals to act reasonably while on the road and take caution for pedestrians.
According to Pennsylvania Vehicle Code §102, a pedestrian is any individual who takes to the road by foot. That said, Pennsylvania Vehicle Code §3501(a) also includes parties riding “pedalcycles” in this protected group.
Expectations for Motorists and Pedestrians in Allentown
As stated in Title 75, Chapter 35 of Pennsylvania’s Vehicle Code, motorists and pedestrians hold similar degrees of responsibility for one another’s safety on the road. For example, motorists are expected to yield to all pedestrians in crosswalks.
However, pedestrians are discouraged from running through crosswalks at random, ignoring the flow of traffic, or assuming the right of way if there is no crosswalk in place. Pedestrians are also required to follow traffic control signs and signals. An experienced accident attorney can help you understand your rights and responsibilities as a pedestrian. Even if you weren’t within a crosswalk, if your accident was preventable, we can explain the law and discuss creative ways to approach your situation. We will do our best to help you and to explain how the law works for our clients in the Lehigh Valley that were injured as pedestrians.
How to File a Lawsuit After a Pedestrian Accident
There are many steps involved in filing a lawsuit. You and your attorney must identify who is at fault. While a driver may be responsible for a pedestrian accident, other at-fault defendants could also include the driver’s employer, the municipality that is responsible for maintaining the roadway where you were injured, or if you were struck by an impaired driver, the party that served them alcohol may also be liable for your damages.
Proving fault involves gathering all available evidence regarding the accident. This may include traffic camera footage, photos, skid mark analysis, medical records and witness statements. You must also properly name, file and serve all of the parties you intend to hold responsible for your injuries with a Complaint or Writ of Summons within two years of the date of your accident. Our Lehigh Valley lawyers can help you file a lawsuit after your pedestrian accident.
Let Our Allentown Pedestrian Accident Attorneys Fight for You
Every motorist who takes to the road owes pedestrians a duty of care. If a reckless driver struck you or a loved one, you have the right to demand payment for your injuries and damages.
Recovering from an accident as a pedestrian does not have to be a challenge. Our legal team can support you throughout the process. Contact our Allentown pedestrian accident lawyers today to schedule a free consultation and begin working on your case.