All pedestrians should be able to rely on crosswalks to safely cross a street. Unfortunately, not every driver respects the rules of the road to the extent that they should. Every day these negligent motorists put pedestrians at risk. If you were hit by a car while crossing the street or walking in a parking lot, Ostroff Injury Law can file a lawsuit on your behalf. Our skilled legal team, led by Founding Partner Jon Ostroff, has won thousands of cases over the past 30 years. Many of these claims have resulted in substantial financial rewards.
In one case, Jon recovered a $450,000 settlement on behalf of a client who was struck by a fracking truck and had to undergo surgery on his shoulder. Ostroff Injury Law also won a $438,000 settlement for a family who lost their loved one in a fatal pedestrian accident.
If you are unsure what to do after being hit by a negligent driver, speak with one of our skilled personal injury attorneys as soon as possible. Our Blue Bell pedestrian accident lawyers can walk you through every one of your legal options following this kind of incident.
Fault in a Pedestrian Accident Case
Whenever a licensed driver starts up a vehicle in the state of Pennsylvania, they assume something called a “duty of care” towards everyone else with whom they will share the road. Simply put, it is every driver’s implicit legal “duty” to follow traffic rules, pay attention to their surroundings and act reasonably to keep others safe from avoidable harm.
If a motorist acts recklessly or carelessly behind the wheel, either by doing something expressly illegal or simply letting their attention wander away from the road, they have “breached” this duty. Accordingly, if a negligent driver ends up causing an accident, they would be considered legally negligent and financially liable for any damages related to the harm and losses that they cause.
Can a Pedestrian be Partially Negligent?
A pedestrian can be found partially to blame for an accident. For example, if you were crossing the street outside of a crosswalk or ran into the road, the other party may argue that you were partly responsible. In cases such as these, 42 Pennsylvania Consolidated Statutes §7102 allows courts to reduce the amount of compensation available to you.
The court could even prohibit you from recovering any money if you are deemed more at fault than the driver who hit you. If the at-fault party is trying to shift the blame onto you, seek legal help from a local attorney familiar with pedestrian accident cases.
Recovering Compensation After a Pedestrian Crosswalk Accident in Blue Bell
Assuming you can prove the other party was negligent, you can seek restitution for every form of harm you suffered due to the accident. A lawyer in Blue Bell can help you recover compensation for economic and non-economic damages such as:
- Pain and suffering
- Past and future medical expenses
- Lost income, including lost professional opportunities
- Loss of life’s pleasures
- Disability and disfigurement
It is important to work with an attorney who can thoroughly examine your injuries and losses to determine how much your case is worth.
Time Limit for Seeking Compensation
To preserve your right to recovery, you must file suit quickly. Under 42 Pa. Con. Stat. §5524, most pedestrian accident claims are subject to a filing deadline of two years from the date of the incident, with limited exceptions under very specific circumstances.
Discuss Your Legal Options with a Blue Bell Pedestrian Accident Attorney
Being hit by an irresponsible driver can cause devastating injuries that may take years to recover from. A severe accident could even lead to permanent disabilities. No matter how long your recovery process takes, you may have grounds to pursue civil litigation against the at-fault parties.
You can depend on the Blue Bell pedestrian accident lawyers at Ostroff Injury Law throughout every step of your case. Contact our firm today to schedule your free initial consultation.