Rights of Pedestrians Injured in Motor Vehicle Collisions
If you have been struck by a motor vehicle while walking, the physical pain, emotional trauma, and sudden financial burdens can leave you feeling stressed and vulnerable. However, you shouldn't have to face the aftermath of a pedestrian accident alone. An experienced motor vehicle accident attorney can help you assess your injuries after a collision and advocate for your rights.
At Goldstein Heslop Steele Clapper Oswalt & Smith, we understand the devastating injuries that can be caused by motor vehicle accidents, and we have the knowledge and resources to help you file a comprehensive pedestrian injury claim.
With an office in Altoona, Pennsylvania and the willingness to meet persons at home when needed, we serve clients throughout Blair County, Bedford County, Huntingdon County and Cambria County, including the areas of Altoona, Frankstown, Hollidaysburg, Williamsburg, Tyrone, Bellwood, Claysburg, Gallitzin, Cresson, Ebensburg, Bedford, Everett, and other surrounding locals. Contact us to schedule a free consultation and explore how you can protect your rights.
Pedestrians Rights in Pennsylvania
As a pedestrian, you have specific rights designed to protect your safety when sharing the road with cars and trucks. Knowing these rights is an important first step when building a strong pedestrian injury claim. Pennsylvania traffic laws require drivers to exercise immense caution and, in many situations, yield to individuals on foot.
Unlike cars or trucks, pedestrians lack the steel protection and airbags that vehicles have, making them highly susceptible to severe injuries. Whether you're crossing the street downtown or walking along a quiet suburban road, Pennsylvania law places a significant duty of care on motorists to operate their vehicles attentively around foot traffic.
Right-of-way in crosswalks: Drivers must yield to pedestrians walking in marked and unmarked crosswalks at intersections.
Sidewalk protections: Vehicles crossing a sidewalk to enter a driveway or alley must stop and yield to foot traffic.
Traffic control signals: Pedestrians have the absolute right to proceed when crossing with a green light.
Even when you follow the rules perfectly, a careless driver could still cause an accident. However, you have the right to hold them accountable for their actions. This typically requires a careful examination of what happened to prove whether the driver violated your basic rights.
Common Causes of Pedestrian Accidents
While some accidents happen due to poor weather or hidden road hazards, driver negligence remains the leading cause of pedestrian collisions. Determining what caused the collision and identifying the specific driver behavior that led to your injuries can strengthen your pedestrian injury claim.
Unfortunately, many drivers don't pay enough attention to their surroundings. When drivers fail to maintain focus or make reckless decisions, pedestrians can often be injured. Some of the common causes of pedestrian accidents in the United States include:
Distracted driving: Motorists looking at their phones or adjusting the radio frequently fail to notice pedestrians, even when those pedestrians have the right of way.
Speeding in residential areas: Drivers going too fast have less time to react when a pedestrian steps into the roadway.
Failing to yield: Many accidents occur when a vehicle turns at a busy intersection without first checking whether there are pedestrians in the crosswalk.
Impaired driving: Alcohol and drugs severely reduce a driver's reaction time, making them a grave danger to pedestrians.
Recognizing these common causes can help you and your attorney gather the right evidence. By proving the driver acted carelessly, you can improve your chances of receiving fair compensation for your severe injuries and financial losses.
Steps to Take After a Motor Vehicle Collision
The moments following a pedestrian accident are serious, and taking the right actions immediately after a collision can help protect your physical health and preserve your ability to file a pedestrian injury claim. If you have been injured as a pedestrian following a motor vehicle collision, you should take the following steps when possible (or ask others to do so on your behalf as quickly as possible):
Seek medical attention: Call 911 immediately and let paramedics evaluate your injuries, even if you feel okay. Adrenaline often masks the true extent of your injuries right after a crash. Getting checked by a medical professional helps establish a direct link between the collision and your injuries.
Document the scene: Securing information at the scene provides the critical proof needed to build your case. Take photos of the vehicle that hit you, your visible injuries, and relevant traffic signs. More photographs to document potentilal evidence are most often better than only a few photos, as evidence can vanish or change soon after an occurrence happens.
Gather witness information: Collect the names and phone numbers of anyone who witnessed the accident. Their testimony can often be useful in building a claim.
Report the accident: Wait for law enforcement to arrive and give them an accurate statement for the police report. Be sure to obtain a copy of the report for your records.
Contact an attorney: An experienced attorney can help you gather key evidence to support your claim and negotiate with insurance companies on your behalf.
These early steps create a firm foundation of solid evidence. The more information you have from the actual day of the collision, the easier it can be to prove the driver's fault. Our experienced Pennsylvania pedestrian accident lawyers can guide you through these steps and advocate for your best interests.
Determining Fault in Pennsylvania
Determining who’s at fault involves looking at multiple factors and reviewing extensive evidence. Pennsylvania follows a modified comparative negligence rule, which means you can still recover damages in a pedestrian injury claim as long as you are no greater than 50% responsible for the accident.
If the court finds you partially at fault, your total compensation will be reduced by your percentage of fault. Insurance companies frequently try to place the blame entirely on the pedestrian to lower their payout. Countering these aggressive tactics requires concrete evidence, and an experienced lawyer can help protect you from unfair blame while highlighting the driver's responsibility.
Contact Our Pennsylvania Pedestrian Accident Attorneys Today
Recovering from a pedestrian accident takes time and significant resources. Steep medical bills and lingering physical pain shouldn't be something you handle alone while trying to heal. At Goldstein Heslop Steele Clapper Oswalt & Smith, our skilled attorneys are committed to fighting for your rights and advocating for the compensation you need.
With an office in Altoona, Pennsylvania, and the willingness to meet persons at home when needed, we serve clients throughout Blair County, Bedford County, Huntingdon County and Cambria County, including the areas of Altoona, Frankstown, Hollidaysburg, Williamsburg, Tyrone, Bellwood, Claysburg, Gallitzin, Cresson, Ebensburg, Bedford, Everett, and other surrounding locals. Reach out to our office today to schedule a free consultation and start building your pedestrian injury claim.