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Pedestrian Accident Lawyer in Allentown, PA

Over the past decade, from 2010 to 2019, the Governor’s Highway Safety Association (GHSA) reports that pedestrian fatalities in the U.S. increased by 46%. The 2010 fatalities amounted to 4,302 and increased by almost 2,000 by 2019. Interestingly, overall traffic fatalities increased by only 5% in that same time period.

Pedestrian accidents can be devastating. It goes without saying that in a pedestrian vs motor vehicle collision, pedestrians can incur serious, life-changing injuries. If you were in a pedestrian accident, you need a Pennsylvania personal injury lawyer who understands your needs and the best strategy to get you the compensation you deserve.

Causes Of Pedestrian Accidents In Pennsylvania

There are countless reasons that pedestrian accidents occur. Knowing some of the more risky activities, times, and conditions can help promote awareness.

Light Conditions

According to the GHSA report, darkness poses an exceptionally high risk for pedestrians traveling by foot. Nationwide, three out of every four pedestrian fatalities in 2019 occurred after dark. Of the remaining accident totals, 20% occurred during the day, and the rest at dawn or dusk.

Alcohol Involvement

Nearly 50% of 2019 traffic incidents resulting in pedestrian fatalities involved alcohol on the part of either the driver or pedestrian. A blood alcohol level of 0.08 or higher can diminish a pedestrian’s or driver’s ability to make decisions, slow reaction time, and affect judgment. Approximately one-third of all U.S. car crash fatalities involve drunk drivers.

Vehicle Type

Passenger cars account for the largest share of passenger vs. pedestrian accidents. Fatalities increased over time for SUVs through 2019, according to the GHSA.

Speed Of Vehicle

According to the AAA Foundation for Traffic Safety, the average risk of severe injury in a pedestrian accident reaches 10% at an impact speed of 16 mph. It increases accordingly as the speed of the vehicle increases:

  • 25% at 23 mph
  • 50% at 31 mph
  • 75% at 39 mph
  • 90% at 46 mph

These numbers are similar for fatality averages by speed.

Texting While Driving Or Walking

Though texting is commonly associated with driver-related injuries, pedestrians can also be distracted by it. Numerous studies have found that people texting while walking often fail to look both ways before crossing the street and take up to 2 seconds longer to cross. Texting and driving is illegal in most states because it increases the risk of accidents.

Do You Have a Valid Pedestrian Accident Case?

If you were struck by a vehicle while walking, you may have a pedestrian accident personal injury case and should seek legal counsel from a Pennsylvania personal injury lawyer. The primary element of proving a personal injury pedestrian accident case is demonstrating that the party responsible for the injuries was negligent. There are four elements to proving negligence.

  1. The driver or responsible party owed a duty of care to the victim. All drivers have an inherent duty to drive safely and in accordance with the law
  2. A driver or responsible party breached this duty
  3. Failing to obey traffic laws, not looking both ways before going through an intersection, not stopping at a pedestrian crosswalk, or acting in a way a reasonable driver would not act constitutes a breach
  4. The driver’s or the negligent party’s actions caused the injuries
  5. The victim suffered compensable actual damages or injuries

If the action frightened the pedestrian but did not cause harm, there is no cause of action. As long as there was actual damage, such as property damage or expenses because of the accident, you may have a pedestrian accident case.

What Happens If You Were Partially At Fault?

Pennsylvania has a modified comparative negligence rule. Under Section 7102 of the Pennsylvania General Assembly, this means that you may still recover compensation as long as you were not more than 50% responsible for the accident. In a pedestrian accident case, crossing the street in an undesignated area could be viewed as a contribution to the cause of the accident. Pedestrians have a duty to follow traffic laws and behave as reasonable people to ensure their own and others’ safety. Here are some noteworthy Pennsylvania pedestrian laws, as outlined in Title 75 of the Pennsylvania General Assembly, Section 3542.

  • Pedestrians have the right of way at crosswalks and intersections without traffic signals
  • Pedestrians must walk on the sidewalk rather than on the road when one is available
  • If there is no sidewalk and the road is two-lane, the pedestrian should walk on the left
  • Pedestrians cannot cross the street in urban areas without using a marked crosswalk
  • Crossing the street diagonally is illegal and considered jaywalking unless authorized by traffic control personnel
  • Pedestrians have the right of way when sidewalks extend across roads, driveways, or alleys.
  • Even if there is no sidewalk, pedestrians must stay on the shoulder or edge of the road, as far as possible from vehicle traffic

Contributing to the accident does not bar you from compensation for your injuries. Your settlement or case award will be reduced by the percentage that you were deemed at fault. Experienced Pennsylvania accident lawyers can help determine your rate of negligence (if any) and fight for you to receive maximum compensation.

How Much Compensation Can You Receive In A Pedestrian Accident?

The amount of compensation you can receive for your pedestrian accident depends on your unique circumstances. Monetary awards and settlements can cover both economic and non-economic damages.

Economic Damages

Economic damages pertain to tangible expenses incurred, such as property damage, medical bills, lost wages, and other costs related to the accident that you would not have incurred if the accident hadn’t happened.

Noneconomic Damages

Non-economic damages are harder to prove but just as relevant, depending on the severity of your injuries and associated trauma. This form of compensation may cover pain and suffering, anxiety, post-traumatic stress, loss of enjoyment of life, embarrassment, and other factors that are life-changing but more challenging to monetize.

Experienced Pennsylvania Pedestrian Accident Lawyer

Pedestrian accident lawyers can help you determine what your case is worth and what you deserve to receive. Insurance companies will always try to pay you less than what you are owed. I am attorney Bill Mansour, a seasoned Pennsylvania personal injury lawyer with years of experience getting my injured clients the compensation they deserve for pedestrian accidents. The team at Mansour Law, LLC, is ready to fight for what you need to make it right. Contact us for your case consultation.