Pedestrian accidents can cause serious injuries, which can be shocking and physically debilitating. Although the driver is often assumed to be at fault, a pedestrian who breaks the law may be held partially or fully responsible. Recovering compensation will allow a pedestrian to cover their medical bills and lost earnings, but it requires a thorough investigation into the matter.
At Shollenberger Januzzi & Wolfe, LLP, our Harrisburg pedestrian accident attorneys understand that it can be difficult to recover compensation following a collision. If you or a loved one has fallen victim to one, reach out to our legal team to protect your rights.
Determining Fault in a Harrisburg Pedestrian Accident
Recovering damages in a pedestrian accident will depend on your ability to prove the other party’s liability. This will involve establishing the following:
- Duty of care: All road users, including pedestrians, have to follow traffic laws and regulations.
- Breach of duty: Through either an act or omission, the wrongful party fails to uphold their legal obligations.
- Causation: The wrongful party’s actions are the direct cause of your injuries.
- Damages: As a result of the accident, you sustained physical, emotional, and financial damages. In a pedestrian accident, this may include lost earnings, medical bills, and infliction of emotional distress.
Ways in Which Pedestrians Can Be Found at Fault
Chapter 35 of the Pennsylvania Consolidated Statutes details a pedestrian’s duties on the road. Common scenarios in which a pedestrian may be found at fault include:
- If a pedestrian crosses the street mid-block, with no crosswalk available.
- If a pedestrian crosses the street and walks or runs into the path of a vehicle that is so close as to constitute a hazard.
- If the pedestrian is under the influence of alcohol and/or drugs.
- If a pedestrian crosses the roadway instead of using a provided pedestrian tunnel or overhead pedestrian crossing.
- If a pedestrian ignores traffic signals or fails to utilize a pedestrian-controlled traffic signal.
- If a pedestrian walks from behind cars or in between objects, it gives drivers little time to react.
Can I Still Pursue Compensation if I Am Partially at Fault?
According to Pennsylvania law, a pedestrian is eligible to recover damages as long as they are less than 51 percent at fault. This is known as modified comparative negligence, which reduces a claimant’s compensation by their proportion of fault. For example, if you submit a $10,000 bodily injury claim, but insurance determines you are 25 percent responsible for the accident, you will only recover $7,500. If you are 51 percent or more at fault, you will be barred from recovery in Harrisburg, Pennsylvania.
Legal Advocacy is a Must
The insurance company is likely to assign you greater fault than warranted, making it necessary that you work with someone who can advocate on your behalf. At Shollenberger Januzzi & Wolfe, LLP, we will conduct a thorough investigation into your pedestrian accident to determine who is liable for your injuries. This requires collaboration with accident reconstructionists and medical expert witnesses. Additionally, we also collaborate with economic experts who can assess what impact your accident has had on your finances. Together, we help to build the strongest case possible.
Speak with Our Harrisburg Pedestrian Accident Lawyers Today
Being struck by a motor vehicle can quickly turn your life upside down. Between medical bills and lost earnings, you may be desperate for financial relief. Without legal guidance, you may accept the insurance’s first settlement offer, which is often far less than your accident case is worth. At Shollenberger Januzzi & Wolfe, LLP, our legal team wants you to know that you do have options. To arrange your free consultation with one of our Harrisburg pedestrian accident attorneys, contact us online or by calling (717) 229-6580 today.