Fact #1: Alcohol is a Contributing Cause
Fact #2: Texting is an increasing problem
Drive anywhere for 10 minutes and watch your fellow drivers. At least one and probably more than one are texting while driving. Even if you’re driving at just 40 mph, in a 3-second look at your cellphone, you will have traveled 176 feet.
Fact #3: The elderly and children are the most common victims
Those most at risk are pedestrians older than 65 and children under the age of 15. If the victim is a child, special rules apply to their claims. For example, they may have additional time to file claims and any settlements may have to be approved by a court, depending on the amount of the settlement.
Fact #4: The most common location is at non-intersection locations
Most pedestrian accidents occur in urban areas at non-intersections at night when a pedestrian in the road is either unexpected or not visible.
Fact #5: Compensation is never guaranteed
Pennsylvania has a comparative negligence law which may be used to pay victims less.
Comparative negligence may reduce the compensation the victim is entitled to receive if he contributed to his own injury. For example, if a jury decides that a pedestrian is 25% at fault for his own injury, he would be entitled to collect only 75% of his damages. If the victim is more than 50% at fault he gets nothing. This may happen when a pedestrian was jaywalking, or otherwise failed to exercise reasonable care.
Our legal team works quickly to address these defenses to ensure our clients receive maximum compensation. Also, different comparative negligence rules apply to children’s claims depending on their age.
What to do if you are involved in a Pedestrian Accident
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Call the police and stay at the scene of the accident until they arrive.
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If you are able, take photos of the scene and of the car and its license plate. The police do not always photograph the scene as part of their investigation. Photos are very helpful in documenting what occurred and in addressing claims that the pedestrian was at fault.
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Ask Witnesses to remain at the scene until the police arrive.
Getting the Police Report
Speak with an attorney ASAP
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