Pottstown Pedestrian Accident Lawyer

Pedestrian accidents can lead to severe injuries, often requiring extensive medical treatment. If you were injured due to a driver’s negligence, Kingbird Legal is here to help. Our Pottstown pedestrian accident lawyer will work tirelessly to secure the compensation you need for your recovery, including medical expenses and lost wages. Call 484-289-4880 today for a free consultation, and let us help you get the justice you deserve.

Understanding the Legal Process for Pedestrian Accidents in Pennsylvania

Pedestrian accidents can be life-changing. Unlike drivers and passengers, pedestrians have little protection when they are struck by a vehicle. These collisions often result in severe injuries, leaving victims with significant medical bills, lost income, and long-term physical challenges. When a pedestrian is hit by a negligent driver, they have the right to seek compensation through the legal system. Understanding how these cases are handled in Pennsylvania courts can help accident victims and their families navigate the process.

Laws That Protect Pedestrians in Pennsylvania

Pennsylvania has specific laws that outline the rights and responsibilities of both drivers and pedestrians. These laws help determine who is at fault in an accident.

Pedestrians generally have the right of way at marked crosswalks and intersections. Drivers are required to yield to people crossing the street in these areas. However, pedestrians also have a duty to use crosswalks when available and avoid stepping into traffic suddenly. If a pedestrian crosses outside of a designated area, they may share some responsibility for the accident.

State law also requires drivers to remain at the scene if they strike a pedestrian. Fleeing the scene of an accident, also known as a hit-and-run, is a serious crime that can lead to criminal charges.

Determining Fault in a Pedestrian Accident

Fault is a key factor in any personal injury case. Pennsylvania follows a comparative negligence rule, meaning that more than one party can share responsibility for an accident. If a pedestrian is found partially at fault, their compensation may be reduced based on their percentage of responsibility.

For example, if a pedestrian was crossing against a traffic signal and was hit by a driver who was speeding, both parties may share blame. If the court determines that the pedestrian was 30% responsible, their final settlement or award would be reduced by that percentage. However, if the pedestrian is found to be more than 50% responsible, they may not be eligible for compensation.

To prove fault, evidence such as witness statements, traffic camera footage, police reports, and accident reconstruction analysis can be used. A skilled attorney can gather and present this evidence to support the pedestrian’s claim.

Steps to Take After a Pedestrian Accident

If a pedestrian is hit by a car, taking the right steps immediately after the accident can strengthen their case.

Seek medical attention – Even if injuries seem minor at first, some conditions, such as concussions or internal bleeding, may not show symptoms right away. A medical report can also serve as important evidence.
Call the police – A police report can document the details of the accident, including witness statements and the driver’s actions. This report can play a key role in determining fault.
Gather evidence – Taking photos of the accident scene, traffic signals, and injuries can help establish what happened. If there are witnesses, their contact information can also be useful.
Avoid making statements to insurance companies – Insurance adjusters may try to downplay the accident or shift blame onto the pedestrian. Speaking with an attorney before giving a recorded statement can help protect the claim.
Consult a personal injury lawyer – A lawyer who handles pedestrian accident cases can provide guidance on the next steps, including filing a claim and negotiating with insurance companies.

The Role of Insurance in Pedestrian Accidents

Pennsylvania follows a no-fault insurance system for car accidents, which means that injured individuals often turn to their own insurance policy for coverage. However, pedestrians do not always have auto insurance, so the process can be different for them.

If the injured pedestrian has their own car insurance, their personal injury protection (PIP) coverage may help pay for medical bills. If they do not have auto insurance, they may be able to file a claim under the at-fault driver’s policy. When the driver is uninsured or underinsured, additional legal options may be available.

Insurance companies often try to settle cases quickly for the lowest possible amount. Working with a lawyer can help ensure that the pedestrian receives fair compensation for their injuries.

Filing a Lawsuit for a Pedestrian Accident

When insurance does not fully cover the damages, filing a personal injury lawsuit may be necessary. A lawsuit allows the injured pedestrian to seek compensation for medical expenses, lost wages, pain and suffering, and other damages.

The legal process typically involves:

Filing a complaint – The injured pedestrian, through their attorney, files a formal complaint in court outlining the details of the accident and the compensation being sought.
Pre-trial discovery – Both sides gather evidence, take depositions, and exchange information to build their cases.
Settlement negotiations – Many cases are resolved before trial through negotiations or mediation. If a fair settlement is reached, the case may not need to go to court.
Trial – If a settlement is not reached, the case goes before a judge or jury, who will determine fault and the amount of compensation owed.

How Long a Pedestrian Accident Case Takes

The timeline for resolving a pedestrian accident case varies. Some claims are settled within months, while others take longer, especially if they go to trial. The severity of injuries, the complexity of the case, and the willingness of the insurance company to negotiate all play a role in how long the process takes.

Pennsylvania law generally gives injury victims two years from the date of the accident to file a lawsuit. If this deadline is missed, the injured pedestrian may lose the right to seek compensation.

Compensation – What to Expect

The damages a pedestrian may recover depend on the severity of their injuries and how the accident has impacted their life. Compensation may include:

Medical expenses – Coverage for hospital stays, surgeries, rehabilitation, medications, and ongoing treatments.
Lost wages – Reimbursement for time missed at work due to the injury.
Pain and suffering – Compensation for physical pain, emotional distress, and loss of enjoyment of life.
Disability or disfigurement – If the accident causes permanent harm, additional compensation may be awarded.
Wrongful death damages – If a pedestrian is killed in an accident, their family may pursue compensation for funeral expenses, lost income, and emotional suffering.

Pottstown Pedestrian Accident Attorney – Your Path to Justice

Pedestrian accident cases can be complicated, especially when insurance companies dispute liability. A personal injury attorney can help by gathering evidence, negotiating with insurers, and representing the victim in court if necessary. Having legal representation increases the chances of securing a fair settlement.

If you’ve been injured in a pedestrian accident, Kingbird Legal is here to fight for your rights. Our Pottstown pedestrian accident attorney will work tirelessly to ensure you receive the compensation you deserve for your medical expenses, lost wages, and pain and suffering. Call 484-289-4880 today for a free consultation, and let us help you navigate this difficult journey and pursue justice for your injuries.