Between technological distractions like smartphones and the increasingly larger profiles of sport utility vehicles and other modern cars, collisions between cars and pedestrians are unfortunately more common now than they have been for decades. Even when they occur at low speeds, pedestrian crashes have a much higher rate of serious injuries and fatalities than wrecks between motor vehicles.
If you were injured by a negligent driver while crossing a street, it would be in your best interest to consult an personal injury attorney from Ostroff Godshall Injury and Accident Lawyers. They will help you obtain a fair financial recovery from the at-fault driver. Founding Partner Jon Ostroff and our Lewisburg pedestrian accident lawyers have extensive experience with these cases.
In one claim, our team represented a client who was struck by a fracking truck that was backing up. Our client sustained injuries to his neck and shoulder and had to undergo surgery. We successfully recovered a $450,000 settlement on their behalf. Speak with our team about your case to discuss what we can do for you.
Recovering Compensation Through Insurance After a Pedestrian Accident
Under Pennsylvania’s “no-fault” car insurance system, anyone who gets hurt in a traffic accident must first pursue restitution through their own personal injury protection (PIP) insurance coverage before they can pursue civil litigation against a negligent party. If you have auto insurance or draw coverage under a family member’s policy, you can file a pedestrian accident claim under that policy to cover medical expenses, personal property damage and other out-of-pocket costs associated with the incident.
If you are uninsured, or if your own PIP policy does not provide sufficient coverage for all your economic losses, you can file a claim against the negligent driver’s car insurance policy to make up the difference as part of your personal injury claim. It is important to consult a lawyer in Lewisburg early on to discuss the potential compensation available after your pedestrian accident.
Damages Available Through Civil Litigation
If a negligent driver struck you while you were walking on or near the road, you may have grounds to file a lawsuit against the motorist in addition to or as an alternative to recovering through insurance. When filing a lawsuit, you must prove that the other person’s negligence was the direct cause of your injuries. Once you establish fault, you may seek restitution for all economic and non-economic consequences of the incident, including:
- Pain and suffering
- Past and future medical expenses
- Lost wages, including lost professional opportunities
- Loss of life’s pleasures
While it is possible to recover compensation for these losses, you must pay attention to important laws governing personal injury cases.
Statute of Limitations
Under 42 Pennsylvania Consolidated Statutes §5524, there is a strict two-year filing deadline that applies to virtually all personal injury claims. If you miss the deadline, the court will dismiss your case, and you will not recover any compensation.
Partial Fault Laws
42 PA Con. Stat. §7102 requires juries to assign a percentage of total fault to the injured party if they share responsibility for an incident. This may occur when a pedestrian runs into the street before being struck by a car. If a jury determines that you are partially responsible for the accident, the court will “mold” or reduce your damages award by your percentage of fault. Depending on the amount of fault you bear, the court could even prohibit you from recovering any restitution at all. A lawyer with experience handling crosswalk injury cases and other pedestrian incidents is the best ways to overcome allegations of partial fault.
Talk to a Lewisburg Pedestrian Accident Attorney Today
It can be difficult to decide on the appropriate course of action following a pedestrian accident, especially if you suffered severe injuries that will have lasting consequences in your personal and professional life. Our legal team will make the most out of your legal options. Call a Lewisburg pedestrian accident lawyer from Ostroff Godshall Injury and Accident Lawyers today to schedule a free consultation.
