Many people assume that driveway and parking lot pedestrian accidents are usually minor, since the cars are typically moving at slow speed. However, any time a vehicle hits a pedestrian, injuries can be serious.
If you suffered injuries in a pedestrian accident on private property, the pedestrian accident lawyers at Cordisco & Saile LLC can help you identify the liable parties, file for damages, and collect the compensation you deserve. Call us today at 215-642-2335 to learn more.
What causes driveway and parking lot pedestrian accidents?
Driveways and parking lot pedestrian accidents are common, mostly because of the nature of these spaces. Both driveways and parking lots have limited visibility and parking lots are often very crowded. While drivers are often at fault for not surveying the area carefully enough before backing up, pedestrians play a part too.
When pedestrians walk between cars, ignore the dangers of moving vehicles, or are distracted by other things, e.g., cell phones or other pedestrians, they often become accident victims.
Who is liable in these accidents?
In the majority of pedestrian versus motor vehicle crashes, the motorist is liable for any serious injuries the pedestrian suffered in the accident. However, proving who is at-fault is important in order for you to collect compensation to cover your damages. Showing the driver was negligent requires demonstrating:
- The driver was under a legal obligation to drive in a way that did not endanger others.
- The driver failed to follow through with this obligation.
- This caused the accident, and your injuries.
- You suffered actual physical and financial damages.
In some cases, someone other than the driver could be at-fault. If the owner of the parking lot or driveway failed to properly design, build, or maintain the area, that person could share responsibility.
Cordisco & Saile LLC can help you identify all potentially liable parties in your accident, and file claims for compensation to cover the expenses of your serious injuries.
Could I be partially at fault?
Pennsylvania’s comparative negligence laws could prevent you from attaining the full value of your damages if you played a role in causing the accident. As a pedestrian, you have to take reasonable care to ensure your own safety. This includes following all of Pennsylvania’s pedestrian laws, and avoiding unnecessary danger when possible.
Often, the liable party in a pedestrian accident will accuse the party on foot of contributing to the accident. The court may agree if you broke a law, failed to use a marked crosswalk, stepped out in front of a vehicle, or darted in between moving cars.
If the insurer or court finds that you were more than 50 percent responsible, you will be unable to recover compensation.
How can I avoid this type of accident?
No matter if you are behind the wheel of a car or on foot, there are some actions you can take to avoid a driveway or parking lot accident. These include:
- Never making assumptions: It is dangerous to assume the other party will follow traffic laws or do what you expect them to do. Instead, take defensive actions to avoid an accident.
- Being aware of your surroundings: Looking both ways, checking blind spots, and keeping your attention on those around you is key in preventing crashes, no matter if you are a driver or a pedestrian.
- Avoiding distractions: Do not text while walking or backing up, turn down the music, and keep your focus on what you are doing.
- Staying sober: According to the National Highway Traffic Safety Association, about 48 percent of all fatal pedestrian accidents in 2014 involved alcohol. The most surprising part is that drunk pedestrians are as dangerous as drunk drivers. If you must drink, designate a driver or call a cab, even if you planned to walk home.
- Watch for children: Children are common victims of driveway accidents because they are rarely in the driver’s line of sight. Parents walking with small children should never allow children to walk past driveways alone; drivers should always double-check before backing up.
How can Cordisco & Saile LLC help me get compensation for my injuries?
If you suffered serious injuries in a Pennsylvania pedestrian accident, Cordisco & Saile LLC can help you recover the compensation you need to cover your medical expenses, lost wages, and other accident-related costs.
We understand how the no-fault insurance process works, and can connect you with medical professionals who can certify that your injuries meet the “serious” threshold required by Pennsylvania law. We can also take on the insurance companies and ensure you get all of the compensation you need and deserve.