Pennsylvania drivers have a duty to exercise care while traveling to protect pedestrians. Still, roughly 7,500 pedestrian traffic fatalities occur annually. Of those who are injured, many sustain medical expenses, lost wages, and pain and suffering. If you have been injured while exploring Chambersburg by foot, our Chambersburg pedestrian accident lawyers are here to assist you in filing your claim.
Proving Fault in a Chambersburg Pedestrian Accident
A successful pedestrian accident claim depends on proving another party’s negligence. The elements that must be established include:
- Duty of care: All motorists have a duty to follow the rules of the road.
- Breach of duty: Through either an act or omission, the motorist must have failed to follow traffic rules or regulations. Common traffic violations include failing to yield right-of-way, speeding, and running a red light.
- Causation: The motorist must be directly responsible for your injuries.
- Damages: You must have sustained a compensable loss. In a pedestrian accident, this often includes financial, physical, and emotional damages. Examples include hospital bills, lost income, and pain and suffering damages.
Pennsylvania Traffic Laws Protecting Pedestrian Rights
Title 75 of the Pennsylvania Vehicle Code provides pedestrians with the following rights:
- Drivers must yield right-of-way to pedestrians in a marked crosswalk or unmarked crosswalk at an intersection.
- When a motorist is stopped for a pedestrian at a crosswalk, a rear vehicle is not allowed to pass that front vehicle.
- Motorists must ensure that the path is clear before backing up and must yield to pedestrians in their path.
- Drivers cannot drive at a speed greater than 15 miles per hour in school zones. (This applies to specific posted hours or when school zone lights are flashing).
- Drivers entering or exiting an alley, building, private road, or driveway must yield right of way to a pedestrian on the sidewalk.
Potential Damages in a Chambersburg Pedestrian Accident
If you have been injured as a pedestrian, you may be eligible to recoup your losses or damages. Damages may be economic or non-economic. Economic damages are financial losses, which may include costs related to:
- Ambulance ride
- Hospitalization
- Surgeries and/or treatments
- Prescriptions
- Physical therapy
- Home modifications
- Mobility aids
- Prostheses
Intangible losses are subject to compensation as well. In the law, these are known as non-economic damages. While no less important, intangible losses are more difficult to quantify.
Common non-economic damages in a pedestrian accident include:
- Pain and suffering
- Infliction of emotional distress
- Disfigurement and/or scarring
- Permanent disability
- Humiliation
- Damage to reputation
- Loss of companionship and society
- Post-traumatic stress disorder (PTSD)
Insurance May Delay or Deny Your Claim
Pennsylvania pedestrians who are struck by a motor vehicle are eligible to file a bodily injury claim through car insurance. This is often done with your own insurer. However, if your medical bills and lost wages exceed your PIP coverage, you will file a claim with the at-fault driver’s insurance. Typically, this is only done when you have first exhausted your own PIP limits. Known as a third-party claim, the insurance company is likely to delay settling or deny your claim. At Shollenberger Januzzi & Wolfe, LLP, we are not willing to let this prevent us from seeking just compensation on your behalf.
Reach Out to Our Chambersburg Pedestrian Accident Attorneys
What should have been a relaxing walk can quickly turn into a nightmare. Out of nowhere, you may be knocked off your feet and reeling in pain. This tragic incident happens to thousands of pedestrians across the country each year. At Shollenberger Januzzi & Wolfe, LLP, our team of legal professionals time and again demonstrates that persistence pays off. We are not willing to quit until you recoup the financial resources you need. To arrange your free consultation, contact our office online or by phone at (717) 229-6580.