For residents of Pennsylvania who do not drive, walking provides an alternative transportation means. However, the limited – or lack of protection – between pedestrians and automobiles often expose walkers to significant risks of injuries. Pedestrian accident victims may sustain minor to severe injuries, such as bruises, broken bones, emotional traumas, traumatic brain injuries, soft tissue damage, long-term disabilities, or even death.
At Goldberg, Goldberg & Maloney, our attorneys have the skill, resources, and expertise to assist, support, and represent clients in their pedestrian accident claims. Our skilled Pennsylvania personal injury attorneys can seek to review and investigate all of the surrounding facts of your case comprehensively and explore your available options for fair financial compensation.
Goldberg, Goldberg & Maloney proudly serves clients across West Chester, Pennsylvania.
When seeking compensation for your pedestrian accident injuries, determining liability remains is essential for the injury claims process. Pennsylvania is a no-fault state. No-fault means that each driver's insurance or Personal Injury Protection (PIP) coverage will pay for the medical bills and other out-of-pocket expenses of anyone covered under the policy, regardless of the at-fault party.
To cover these accident-related expenses, Pennsylvania drivers are typically obligated to carry insurance coverage with the following limits:
However, driver errors, including speeding, distracted driving, and failure to yield the right-of-way to a pedestrian, increase the risks of pedestrian accidents. Our experienced attorneys can enlighten you about the right of way rules and the responsibilities of pedestrians to mitigate traffic crashes.
In the Commonwealth of Pennsylvania, pedestrians have the right of way in crosswalks. According to Pennsylvania Consolidated Statutes Title 75 Section 3542(a),
"When traffic-control signals are not in place or not in operation, the driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection."
In Pennsylvania, pedestrians have the following responsibilities:
If you or a loved one is a victim of a pedestrian accident caused by another person's negligence or carelessness, contact our experienced personal injury attorneys immediately.
In Pennsylvania, accident victims can opt-out of the no-fault system and file a lawsuit against the at-fault party if their injuries meet the "serious injury" threshold. Under Pennsylvania law, a serious injury is a personal injury resulting in death, serious impairment of body function, or permanent serious disfigurement.
To determine fault, you (the plaintiff) must show that:
Furthermore, the Commonwealth of Pennsylvania operates using the modified comparative negligence system, with a 51% bar. Under the principle, a plaintiff's contributory negligence will not bar their ability to seek damages, provided that their share of negligence is not more than (50% or less than) the defendant's causal negligence. However, the amount of compensation that may be recovered will be reduced by the plaintiff's percentage of fault.
Additionally, pedestrian accident victims in Pennsylvania may recover the following damages by filing an injury claim:
An experienced lawyer can help recover the financial justice you deserve and ensure that you file your injury claims before the deadline for filing.
According to the Pennsylvania pedestrian accident statute of limitations, an action to recover damages for personal injury must be commenced within two (2) years from the date of your accident or injury. Also, a wrongful death action must be brought within two (2) years from the date of the victim's death.
If you or a loved one were hurt in a pedestrian accident, you may pursue fair financial compensation. Contact Goldberg, Goldberg & Maloney today to schedule a simple case evaluation. Our skilled attorneys have the knowledgeable legal guidance, compassionate support, and vigorous representation you need in your pedestrian accident claims. We're proud to serve clients in West Chester, Pennsylvania, and neighboring areas.