Even if you follow all the rules of pedestrian travel and pay attention to the cars and trucks around you, you are still at risk of serious harm when you walk on or near the road. Thousands of collisions between motor vehicles and pedestrians happen every year in Pennsylvania, causing substantial injuries that result in millions of dollars in cumulative losses.
If you were hurt in this type of accident, you can benefit from getting a Quakertown pedestrian accident lawyer from Ostroff Godshall Injury and Accident Lawyers on your side. Founding Partner Jon Ostroff and Managing Partner Rich Godshall have spent over 30 years fighting for injured clients. They have won large verdicts in thousands of accident claims across Pennsylvania.
For example, in one case, our team represented a pedestrian who was struck by a fracking truck and suffered a severe shoulder injury that required surgery. We successfully recovered $450,000 for our client.
Pedestrian accidents often result in devastating, long-term injuries. You don’t want to risk your chances of recovering compensation by filing your case alone. Get help from one of our skilled personal injury attorneys to give yourself the best chance at success.
Understanding Liability in a Pedestrian Accident Case
It may seem like common sense that a driver who hits and injures a pedestrian would be legally at fault for the pedestrian’s injuries, but that is not strictly true in every situation. As with any other personal injury case, legal liability for a pedestrian accident is established by proving someone else caused your injuries through negligence.
Simply put, a person is legally negligent when they breach an implicit or explicit duty to act reasonably under certain circumstances and, in doing so, directly cause you physical harm. For example, a driver who runs a red light or does not stop for you in a crosswalk has violated the duty of care that all drivers have to follow the rules of the road. Consequently, if they hit you, they have engaged in legal negligence and could bear financial liability for all your ensuing losses.
Can a Pedestrian be Partially at Fault?
Depending on the situation, the negligent party may try to shift some of the blame for the accident onto you. For example, if you suddenly stepped into oncoming traffic without a crosswalk, you may be deemed partially responsible for your injuries.
In this scenario, 42 Pennsylvania Consolidated Statutes §7102 allows a court to reduce your recovery by your percentage of fault for the accident. Fortunately, our winning Quakertown lawyers can help you prove that the other person was solely responsible for the pedestrian accident.
Deadlines for Pursuing Civil Litigation After an Accident in Quakertown
Another legal concept that could interfere with recovery efforts following a pedestrian accident is the statute of limitations, which applies to virtually all forms of personal injury cases. Under 42 PA Con. Stat. §5524, accident victims generally have a maximum of two years following the date of their accident to start the process of filing suit.
In practice, this is not much time to gather relevant evidence, track down potential witnesses, identify all recoverable damages, and build a comprehensive claim to recover for both past and future losses. For that reason and many others, seeking help from an experienced attorney as soon as possible is essential to achieving a positive outcome in a pedestrian accident case.
A Quakertown Pedestrian Accident Attorney Can Help
Recovering both physically and financially from the effects of being hit by a motor vehicle can be a complicated and time-consuming process. Even if you have substantial evidence that someone else is legally to blame for your injuries, establishing fault in court and effectively demanding the amount you deserve for all your losses can be next to impossible without professional legal guidance.
A Quakertown pedestrian accident lawyer from Ostroff Godshall Injury and Accident Lawyers can guide you through this legal process. Call our firm today to set up a free consultation and learn more.