An unprotected pedestrian who gets hit by a car or truck is much more likely to suffer serious injuries compared to the driver who hit them. Courts won’t just assume the driver involved in a crash is the one to blame for causing it, and it can be a lot harder than you might think to prove a driver is legally at fault for hitting you.
Fortunately, a York pedestrian accident lawyer with experience getting good results on behalf of people like you can step in to help. Our personal injury attorneys know exactly how tough it can be to recover from a traumatic traffic accident and exactly what steps to take to get you paid fairly for your losses. Our experienced lawyers have previously recovered $150,000 for a young girl struck by a car when she was outside of a crosswalk, because we were able to prove the at-fault driver should have seen her.
Holding a Driver Liable for Specific Losses
When you want to make a driver pay financially for the harm they brought by causing a traffic collision, you’ll almost always need to prove they were legally negligent in some way. This specifically involves proving that all the following elements of negligence are true for your specific situation:
- The other person breached the duty all drivers have to act lawfully and responsibly behind the wheel, either by breaking a traffic law or by acting carelessly in some other way—for example, driving while distracted
- That breach of duty directly led to your accident, and it likely wouldn’t have happened at all without that breach
- Your accident directly caused you to suffer at least one injury bad enough to require professional medical care
- All the compensable losses you’re seeking payment for stemmed directly from your accident or the injury you sustained in that accident
Through a successful claim, you can recover for objective economic losses like medical bills and lost work wages, and subjective non-economic damages like physical pain and psychological suffering. A York pedestrian accident attorney can explain what losses you can factor into your unique claim during a free, private meeting.
What Could Get in the Way of Civil Recovery?
In addition to proving someone else was specifically at fault for causing your pedestrian accident, you may also need to prove that you yourself weren’t negligent in a way that contributed to causing an accident. If a court finds that you entered a crosswalk without a signal, weren’t looking where you were walking, or did something else irresponsible, you may miss out on some—or even all—of the money you might’ve otherwise received.
Another possible obstacle to a successful case result is the statute of limitations. This deadline set by Pennsylvania law determines when you have to file suit after getting hurt through another’s negligence. If a lawyer doesn’t start your claim within two years of your pedestrian crash in York, you’ll likely have your case thrown out of court as soon as you file it. Cases against government entities have even shorter deadlines as well as requirements to place the applicable government unit on notice.
Get in Touch with a York Pedestrian Accident Attorney
While it’s true that drivers who hit pedestrians are very often at fault for the accident, that’s not the case in every situation, and there’s still a lot you’ll need to do to get paid fairly for your losses. Having help from experienced legal representation can be vital to getting the most money possible from your claim.
A York pedestrian accident lawyer can be the ally you need to enforce your rights and secure the restitution you need. Call Ostroff Godshall Injury and Accident Lawyers today to discuss your legal options.