PEDESTRIANS ARE WITHOUT PROTECTION IF THEY ARE STRUCK BY A VEHICLE, SO INJURIES ARE USUALLY SEVERE AND MAY LEAD TO DEATH.
The National Highway Traffic Safety Administration (NHTSA) reports that 4,735 pedestrians were killed in traffic crashes on public highways and more than 66,000 were injured in 2013. While pedestrian crashes account for 3.3 percent of all crashes reported, they caused 13.9 percent of all traffic crash deaths.
If you or a loved one has suffered harm from a pedestrian crash, you may be entitled to compensation for your medical and hospital bills, lost wages, lost future wages, pain and suffering, disfigurement, and loss of life’s pleasures. However, your case must be handled correctly and competently, or you may never collect the compensation you are entitled to, no matter how seriously you were injured.
Our Pennsylvania pedestrian accident lawyer at Rieders, Travis, Dohrmann, Mowrey, Humphrey & Waters knows the courts and the system and what you need to do to increase your chances of winning a good settlement. We offer a free consultation to carefully examine the individual facts in your case and determine the best way to handle it. Contact us today by calling (570) 323-8711 or by using our online contact form to set up your free consultation.
What are Pennsylvania Pedestrian Laws?
Pennsylvania pedestrian laws are found in Title 75, Chapter 35 of the Pennsylvania Consolidated Statutes. These laws are designed to increase safety and lessen the number of pedestrian crashes.
Some of the most important laws include:
- Pedestrians must obey the instructions of police officers and traffic controllers.
- If there are no traffic signals, vehicles must give right of way to pedestrian in a crosswalk or at an intersection. However, pedestrians shall not suddenly walk or run into the path of a vehicle, and if not crossing at a crosswalk or intersection, shall yield to the vehicle.
- Pedestrians must use sidewalks if available, and if not, the shoulder or outside of the road.
- A pedestrian on a sidewalk has the right of way, and vehicles must yield to them. However, pedestrians must yield to emergency vehicles.
Cliff Rieders wrote the book on the Financial Responsibility Law in Pennsylvania. It is available on Amazon. Cliff teaches the law to other lawyers.
Causes of Pedestrian Crashes
Unfortunately, not every driver or pedestrian adheres to the law, and crashes do result. The following are frequent errors that increase the chances of crashes:
- Failing to check a crosswalk for pedestrians or failure to notice pedestrians;
- Running red lights or stop signs, driving too fast, turning without signaling;
- Speeding or failing to slow down during bad conditions;
- Distracted driving due to using phones, texting, adjusting dials, eating and drinking, putting on make-up, talking to passengers, or doing any activities that prevent concentration; and
- Driving under the influence of alcohol or drugs.
Errors by Pedestrians:
- Crossing in the middle of the street instead of at a crosswalk, or darting out into the road between parked cars;
- Ignoring traffic control devices or signs prohibiting crossing;
- Walking with the flow of traffic instead of facing oncoming traffic;
- Wearing earbuds or headphones that prevent hearing car horns or warning shouts; and
- Distracted walking, due to texting, using electronic devices or phones while crossing.
Winning a Pedestrian Accident Lawsuit
Pedestrians harmed in a crash with a vehicle are often entitled to compensation. However, winning a pedestrian lawsuit means proving the driver acted negligently and failed to act in a way that a reasonable person would in a similar situation.
In addition, Pennsylvania has a statute of limitations, stating that lawsuits to recover damages caused by the wrongful act or negligence of another must be brought within two years. For an injury case, the date when the clock starts running is the date of the accident. If death is involved, lawsuits must be brought within two years from the date of the victim’s injury or death.
Contact Us For Help and a Free Consultation
If you or a loved one was involved in a pedestrian crash due to someone else’s negligence, you have a right to receive compensation for your injuries, lost wages, medical costs, and other damages. To protect your rights and maximize compensation, it is important to have an experienced pedestrian accident attorney on your side to determine the cause of the accident and identify the responsible parties.
Many of these cases involve knowledge of the Financial Responsibility Laws. Cliff Rieders wrote the book on the subject of Financial Responsibility Laws in Pennsylvania. Questions of first party benefits, coverage for the party at fault and underinsurance are extremely important. The law is technical and complex in this field, and you need to get the correct answers.
If you or your loved one has suffered harm from someone else’s negligence in a pedestrian crash, your next step should be to consult Rieders, Travis, Dohrmann, Mowrey, Humphrey & Waters by calling (570) 323-8711, or by using our online contact form.