Pedestrian Accidents in Crosswalks: Legal Strategies for Maximizing Compensation
Pedestrian accidents happen far too often in crosswalks, intersections, and even quieter streets. While some drivers may not pay enough attention, the law generally favors pedestrians, especially when they’re using designated crossing areas. Understanding how liability is determined is critical when pursuing compensation.
At Goldstein Heslop Steele Clapper Oswalt & Smith, we understand how overwhelming a pedestrian accident can be. When someone is injured while crossing the street, the aftermath often includes medical bills, lost wages, and emotional strain. We guide clients through every stage, making sure no detail is overlooked.
If you or a loved one has been hurt in a pedestrian accident, contact us today to start protecting your rights.
The Basics of Pedestrian Accidents
Pedestrian accidents often involve multiple parties, including drivers, municipalities, and sometimes third-party companies responsible for roadway maintenance. Because of this, it’s important for us to gather as much evidence as possible immediately after the accident.
Common causes of pedestrian accidents include:
Distracted driving: Drivers texting, using GPS, or engaging in other distractions often fail to notice pedestrians in crosswalks.
Speeding: Excessive speed reduces a driver’s reaction time, making collisions more likely and injuries more severe.
Poor visibility: Accidents frequently occur during nighttime, bad weather, or in poorly lit areas.
Failure to yield: Even when a pedestrian has the right of way, some drivers fail to stop or slow down in time.
Road design issues: Crosswalks without adequate signage or signals can increase accident risk.
Recognizing these causes helps us frame a clear legal strategy, linking the driver’s actions directly to the pedestrian accident.
Evidence in Pedestrian Accident Cases
Evidence is the foundation of every successful pedestrian accident claim. Without thorough documentation, it’s challenging to demonstrate fault or prove the extent of damage. Collecting evidence as soon as possible after the accident is crucial.
Types of evidence we focus on:
Police reports: These provide an official record of the incident and often include witness statements.
Medical records: Comprehensive documentation of injuries, treatments, and ongoing care needs is vital.
Photographs and videos: Images of the scene, injuries, and traffic signals can clarify fault and severity.
Witness statements: Bystanders often provide crucial context about what happened and who was at fault.
Surveillance footage: Nearby businesses or traffic cameras can capture the accident as it occurred.
We use this evidence to build a strong argument, showing that the pedestrian was in the crosswalk and that the driver’s negligence directly caused the injuries.
Common Injuries From Pedestrian Accidents
Injuries in pedestrian accidents range from minor scrapes to life-altering trauma. Understanding the types of injuries helps us quantify damages and demonstrate the severity of the accident to insurers or in court.
Head injuries: These may include concussions, traumatic brain injuries, or skull fractures.
Spinal injuries: Damage to the spine can result in partial or total paralysis and long-term rehabilitation needs.
Broken bones: Fractures in legs, arms, or ribs are common in pedestrian collisions.
Soft tissue injuries: Whiplash, sprains, and strains often occur, even in lower-speed impacts.
Internal injuries: Damage to organs may not be immediately apparent but can require urgent surgery.
Recognizing the full extent of injuries allows us to demand appropriate compensation for medical costs, rehabilitation, and pain and suffering.
Legal Strategies for Maximizing Compensation
Maximizing compensation after a pedestrian accident involves more than filing a claim—it requires carefully constructed legal strategies. Each case is unique, so our approach adapts to the specifics of your accident.
Determining liability is a key component. This includes establishing driver negligence, assessing shared liability if the pedestrian shares partial fault, and considering municipal responsibility in cases of poorly marked crosswalks, faulty traffic signals, or unsafe road conditions.
Calculating damages involves several factors. Medical expenses, both current and future, including surgeries, medications, and therapy, are covered. Compensation also accounts for lost income, including wages lost during recovery and reduced earning capacity. Pain and suffering, encompassing emotional distress, lifestyle changes, and physical discomfort, are considered.
Insurance companies often try to minimize payouts, so we counteract this by presenting thorough evidence, documenting every aspect of the accident, and demonstrating the real impact on victims’ lives. Sometimes, these cases move toward settlement; other times, litigation may be necessary to achieve fair compensation.
Settlement vs. Trial
Many pedestrian accident cases settle before reaching trial, but it’s important to understand both paths. Settling may provide faster access to funds, while a trial could result in higher compensation if liability or damages are disputed.
Several factors influence settlement. The strength of evidence, including clear photos, witness statements, and medical records, increases settlement potential. More serious injuries often lead insurers to offer higher settlements to avoid trial. Finally, the driver’s insurance coverage, known as policy limits, caps the maximum payout available outside of additional claims.
Litigation becomes necessary in certain situations. If the driver denies fault or evidence is contested, a trial may be the only way to prove responsibility. Insurers sometimes undervalue claims, making court proceedings necessary to secure fair compensation.
Additionally, cases involving permanent disability or chronic conditions often require a trial for accurate valuation of long-term injuries.
Attorneys in Pedestrian Accident Cases
Having a lawyer familiar with pedestrian accident cases makes a measurable difference. We guide clients through legal paperwork, communicate with insurers, and develop strategies that reflect local laws and court preferences.
We support clients by:
Case investigation: Gathering evidence quickly and thoroughly to strengthen the claim.
Medical evaluation: Collaborating with healthcare providers to document injuries and treatment plans.
Settlement negotiation: Presenting clear evidence and realistic calculations to maximize compensation.
Trial representation: Representing clients in court when insurers fail to offer fair resolutions.
Our involvement ensures that victims can focus on recovery while we work to secure fair financial outcomes.
Common Missteps in Pedestrian Accident Claims
Even minor mistakes can reduce compensation or weaken a case. We help clients avoid pitfalls such as:
Delaying medical treatment: This can lead insurers to argue that injuries are less severe or unrelated to the accident.
Giving recorded statements without counsel: Statements to insurance adjusters can be used against victims.
Failing to preserve evidence: Missing photos, videos, or witness contact information can compromise claims.
Ignoring long-term effects: Failing to account for ongoing medical needs or lifestyle changes can limit compensation.
Avoiding these missteps increases the likelihood of a favorable outcome and helps us maximize claims efficiently.
Steps to Take After a Pedestrian Accident
Taking certain steps immediately following a pedestrian accident can strengthen a case:
Seek medical attention: Even if injuries seem minor, prompt evaluation protects health and legal claims.
Document the scene: Photos, videos, and notes about the accident location, traffic signals, and vehicle details are crucial.
Gather witness information: Names and contact information of bystanders can help corroborate your account.
Report the accident: File a police report to establish an official record.
Contact an attorney: Early legal guidance prevents missteps and accelerates the process of securing compensation.
These actions demonstrate responsibility and provide the evidence needed to support a strong pedestrian accident claim.
Contact Us Today
If you’ve been involved in a pedestrian accident, we can help you pursue fair compensation for medical bills, lost wages, and emotional trauma. Goldstein Heslop Steele Clapper Oswalt & Smith represents clients in Altoona, Pennsylvania, throughout the Blair County area, including Tyrone, Frankstown, Hollidaysburg, Williamsburg, Gallitzin, Cresson, Claysburg, Huntingdon, and Bellwood. Don’t wait—reach out today to protect your rights and begin your recovery process.