Pedestrian Rights in Auto Accidents

Car accidents are always scary occurrences, but they are especially frightening when pedestrians are involved. Hitting a pedestrian with an automobile at speeds over 30 miles per hour usually result in severe injuries or a fatality, but even speeds as slow as 10 miles per hour are enough to case severe disability.

Tens of thousands of pedestrians are injured in car accidents every year, and liability isn’t always as clear as it may seem. The driver may be the one at fault in the vast majority of automobile accidents involving pedestrians, but you should still consult a Pittsburgh personal injury lawyer or car accident lawyers in Pennsylvania to make sure you know your rights if you find yourself in this situation.

Who is At Fault in the Accident?

In car accidents involving pedestrians, fault is generally determined by the law of negligence. This means that the person who failed to exercise a reasonable standard of caution is deemed to be “negligent” and therefore at fault. In most cases, pedestrians have the right of way when they cross a street, and it is the responsibility of the driver to stop or slow their vehicle. However, if the pedestrian was crossing illegally, running in front of the vehicle, or otherwise behaving recklessly, they may be at fault. In some cases, both the driver and pedestrian may be at fault, such as if the pedestrian was jaywalking and the driver was speeding. In any case, fault is determined through eyewitness accounts, the findings in police reports, and the accounts of those involved in the accident itself.

Pedestrian Rights and Insurance Coverage

When a pedestrian is hit by a car, their injuries are usually covered by their health and disability insurance policies. If the accident happened while they’re on the job, they may also be covered by worker’s compensation. An injured pedestrian can also file a claim against the driver’s liability insurance policy. These policies cover personal injuries to third parties as well as damage to the property of any third party. Insurance companies may try to dispute these claims, so it’s important that any injured pedestrian consult a personal injury attorney to help gather any information that may help their claim.

Pennsylvania is also one of the 12 states that have no-fault insurance laws. Under these laws, insurance companies are required to pay for the medical expenses and lost wages of their own policyholders regardless of who is liable in an accident. In some cases, the driver is required to pay the pedestrian’s medical expenses up to their policy’s limit.

Regardless of who is at fault in any auto accident involving a pedestrian, the driver and pedestrian should always consult a personal injury lawyer. These cases are often far more complicated than they first appear, and it almost always requires a professional eye to sort everything out and make sure that all parties are satisfied and everyone receives the compensation they deserve.

According to the Centers for Disease Control and Prevention, a pedestrian is killed every 1 1/2  hours, and pedestrian injuries occur every 7 minutes. While there is no certain way to prevent an accident from occurring, there are some things you can do to make sure you’re made whole once more. If you are injured in a pedestrian traffic accident, get in touch with the personal injury lawyers at Goldberg, Persky, & White. Our lawyers have the courtroom experience and expertise needed to make sure you get the compensation you deserve.