While walking is an effective mode of transportation, leisure, or exercise, pedestrian accidents are more common than we would like to imagine. The impact of a motor vehicle hitting a person on foot can result in lifelong suffering for the injury victim.
The aftermath can be extremely stressful because of the accompanying physical, emotional, and financial difficulties.
Due to these serious implications, it is important to consult with an attorney as soon as possible. A Philadelphia pedestrian accident lawyer with Rand Spear can defend your rights and work to recover the maximum compensation from the at fault driver.
Who Is at Fault in a Pedestrian-Car Collision?
One of the first legal concerns you’ll need to think about when filing a personal injury claim is liability. Usually, the individual who caused the accident is responsible for covering the costs of damages.
Liability is typically established by demonstrating a party’s negligence. Your Philadelphia pedestrian accident lawyer will gather evidence to demonstrate the following in order to establish negligence:
- The individual who caused the accident has a duty of care to protect you under the law
- The individual who caused the accident violated, or breached, that duty of care
- The violation led to the accident
- The accident caused your injuries and losses
Everyone on the road, including cars, pedestrians, and bicyclists, has a responsibility to obey traffic laws and apply common sense. Common sense is sometimes defined in the law as acting in a way that a reasonable person would in a comparable circumstance.
For instance, the driver is at fault when they struck a person running a red light in a plainly indicated crosswalk. Or, if a pedestrian who is jaywalking and wearing all black is hit after darting in front of a car at night, the pedestrian is to blame.
Liability determination can be challenging in other circumstances. The insurance company for the other party may blame your injuries on you and put your settlement at risk. To protect your right to collect fair compensation, it’s important to consult with a Philadelphia pedestrian accident lawyer.
Causes of Pedestrian Accidents in Philadelphia
Pedestrian accidents may happen for several reasons, such as inclement weather, limited visibility, or poor road conditions, but many can be attributed to a motorist’s negligence. When a driver is not paying attention or violates the rules of the road, he or she may be held responsible for the injuries and losses.
Here are some examples of negligent driving behavior:
- Texting while driving
- Distracted driving
- Driving under the influence of drugs or alcohol
- Eating or smoking while driving
- Traveling with excessive speed
- Disciplining children while driving
- Practicing fatigued or drowsy driving
- Failing to check blind spots
- Failing to comply with traffic signs, lights, and other rules of the road
Collecting evidence is extremely important in proving another party’s negligence caused your injuries. Some essential steps of this evidence collection happen in the moments following the incident.
If you are physically able to, take pictures and video of the accident scene and gather contact information of witnesses. If you are unable to collect any evidence, contact a pedestrian accident lawyer in Philadelphia immediately.
Your lawyer can take certain steps to preserve and gather evidence while you are treated for your injuries.
Common Pedestrian Accident Injuries
Being struck by a negligent driver can have significant health consequences. Even if you believe you were not harmed, seeking immediate medical attention is important. Traumatic brain injuries, internal bleeding, and other issues can sometimes be masked by adrenaline.
Some of the most common injuries we claim include:
The impact created by a speeding vehicle can cause fractures to any area of your body. Besides being extremely painful, these injuries can heal slowly and prevent you from resuming a normal lifestyle or returning to your job.
Concussions and other types of traumatic brain injuries can be debilitating and have lifelong consequences. The long-term effects can include headaches, nausea, dizziness, and difficulty concentrating.
Spinal Cord Damage
An injury to the spinal cord or vertebrae in your back or neck can cause neurological damage or paralysis, which could be temporary or permanent.
Broken teeth and injuries to the face can be particularly traumatic for the victim. Your Pennsylvania pedestrian accident attorney will work to ensure that your cosmetic treatments to restore your appearance are covered.
Soft Tissue Damage
Injuries such as sprains, contusions, abrasions, and lacerations may not seem serious at first. However, they can cause substantial pain and may have long-term effects without appropriate medical treatment.
In extreme situations, physicians may need to amputate a severely damaged arm or leg, requiring significant career or lifestyle changes.
Besides the physical impact, these incidents can have a lingering psychological effect. Many victims experience post-traumatic stress disorder (PTSD) for months or even years after a crash.
Compensation You May Recover in a Pedestrian Accident Claim
You may be entitled to the following types of compensation:
The costs to treat your physical injuries are always a factor. Your road to recovery could include a lengthy hospital stay, multiple doctor visits, and weeks or months of physical therapy. Your pedestrian accident attorney can help you recover these costs.
You could experience substantial financial hardship if your injuries keep you from working. These damages can replace any missing present or future earnings. It can also account for the loss of retirement plan contributions and other fringe benefits.
If your personal property, such as a cell phone, the contents of your backpack, a laptop, or clothing, were damaged when you were hit, you can receive compensation to repair or replace those items.
Pain and Suffering
Pain and suffering refer to the distress and pain individual experiences as a result of the accident. This compensation is designed to address the physical discomfort of the injury, the treatment itself, and the overall disruption the injury brings to your life.
Besides the economic impact, an accident can affect your life in other ways. Non-economic damages such as the loss of enjoyment of life, loss of consortium, or scarring and disfigurement can be an element of your compensatory damages package.
In some cases, the actions of the party causing a pedestrian accident can be so egregious or intentional. This may mean that additional compensation could be awarded by the court. These damages are intended to punish the offender for extreme negligence.
You Can File a Wrongful Death Lawsuit After the Loss of a Loved One
If a pedestrian accident results in the death of a loved one, you may be able to file a wrongful death claim. This type of claim can help you recover financial compensation for funeral expenses, loss of companionship, and other related expenses. A personal injury lawyer with our firm can help you file a wrongful death lawsuit to begin rebuilding your life after an untimely loss.
Experience the Rand Spear Difference
The Rand Spear Personal injury law firm has been helping people in your situation for more than 30 years. We will assist you in finding quality medical care and gather the evidence necessary to recover compensation for your injuries.
A Philadelphia Pedestrian Accident Lawyer with Rand Spear can make all the difference.
We stand out because:
We Do Whatever It Takes
We will allocate all the time and resources required to attain a successful outcome. While many firms attempt to reach a quick settlement with the insurance company, we are willing to go the extra mile and take your case to court if necessary.
Our Clients Always Come First
As a family-owned law firm, we bring a personal touch to our practice. We will handle your case with care and compassion and treat you and your family with dignity and respect. We recognize that you are going through a challenging time, and we will do our best to ease the burden.
Help You Gain Access to the Best Medical Care
Whether your injuries are minor or more significant, they can negatively affect your quality of life. Our firm has established an extensive network of healthcare professionals who will deliver the high level of treatment and care you deserve.
They will also document all the essential information, ensuring our lawyers have everything they need to prepare your legal case.
Contact a Pedestrian Accident Law Firm in Philadelphia, PA to Learn More
If you or a loved one has been in a pedestrian accident in Pennsylvania, we understand your uncertainty, pain, and frustration. The personal injury attorneys of Rand Spear can fight on your behalf and ensure that your best interests are represented.
To schedule a free consultation, please contact us today. You are under no obligation, and there is no cost to learn more about your options.