Wilkes Barre Pedestrian Accidents Lawyer
Pedestrian accidents are becoming more and more common on Pennsylvania’s roads. Experts say this is largely due to the prevalence of smartphones and distracted driving. Pedestrian accidents are also some of the worst accidents seen on the roads within the state. When people are out walking, they have no protection if they are struck by a car. Due to this exposure, pedestrians also sustain some of the most severe injuries when they are in an accident with a vehicle.
Many pedestrian accidents are caused by a driver’s negligence, although this is not true in every crash. Contrary to what many people believe, pedestrians can hold a portion of the blame when a crash occurs. A Wilkes Barre pedestrian accident lawyer can advise those hurt if they are eligible for compensation, and accurately evaluate their claim.
Determining Fault in Pedestrian Accidents
Pedestrians have the legal right to share the road with vehicles. However, drivers don’t always watch for individuals on foot the same way they watch for other vehicles. When that is the case, they can hit pedestrians and cause a serious accident. This is considered negligence and when the pedestrian can prove a driver acted carelessly or recklessly, they can claim compensation for their injuries.
Along with having the same rights as vehicles, individuals must also follow the pedestrian laws in Pennsylvania when they are on foot. For example, it is illegal for pedestrians to leave a curb or shoulder of the road and run out in front of a vehicle when doing so poses a danger. When pedestrians violate these laws, they can also be found negligent in the event of an accident.
An attorney can investigate the accident to determine which party was negligent. If both parties showed negligence, the court will assign each a percentage of fault. If the pedestrian is less than 51 percent at fault, they can still file a claim. Any compensation they are awarded will be reduced by the same percentage of fault assigned by the court.
Statute of Limitations in Pedestrian Accidents
Pennsylvania, like all other states, has a statute of limitations on pedestrian accident claims. This is the time limit injured individuals have to file their claim. In Pennsylvania, the statute of limitations is three years from the date of the accident. When claims are filed after this time, accident victims are typically barred from receiving compensation for their injuries.
How Our Pennsylvania Pedestrian Accident Attorneys can Help
If you want to file a claim after a pedestrian accident, the other side will likely try to argue that you were at fault for the crash. Our Wilkes Barre pedestrian accident attorneys can refute these claims to get you the full amount of compensation you deserve.
At O’Donnell Law Offices, we will investigate the scene and gather evidence to support your claim. We will use that evidence to stand up to the insurance company and hold them accountable for paying the compensation you deserve. Our attorneys will always ensure your rights are protected and handle every part of your case so you can focus on your recovery. If you’ve been hurt, call us today at 570-821-5717 to schedule your free consultation with one of our lawyers.