I Got Hit by a Car as a Pedestrian. Can I Sue in Pennsylvania?
If you were in a pedestrian accident, you may have serious injuries, big medical bills, and find yourself in a rattled emotional state. One of your first questions may be whether you can sue if you were hit by a car as a pedestrian.
The answer is that you have the legal right to recover any damages legally owed to you. If you don’t reach a satisfactory settlement with the driver’s insurance company, you can sue the driver responsible for your injuries.
In the aftermath of a crash, our law firm will answer your questions and assist you in gathering evidence and speaking with law enforcement and the insurance companies. If you were involved in a car accident as a pedestrian, contact Cordisco & Saile, LLC, today for a free, no-obligation consultation.
Can You Sue After Being Hit by a Car in Pennsylvania?
If you’ve suffered injuries or damages from being hit by a car while walking, you might be eligible to sue the at-fault party. An experienced and skilled pedestrian accident attorney can determine who is responsible, identify the applicable insurance coverage, and pursue compensation you deserve for your damages. They can negotiate for a fair settlement and take your case to court if a settlement cannot be reached.
Pennsylvania follows a comparative negligence system. You may recover damages from another party if they are less than 51 percent at fault for an accident. Therefore, if the evidence from the accident scene shows you are primarily responsible for an accident, you cannot recover damages.
If your share of the fault is less than 51 percent, you can recover damages in proportion to your share of the blame. For instance, if you are 30 percent at fault for an accident, you’ll only be entitled to 70 percent of your damages.
Can I Sue on Behalf of a Deceased Loved One?
If your loved one has died from a pedestrian accident, you may have a wrongful death case against the at-fault driver. Under Pennsylvania law, the deceased’s spouses, children, and parents can recover damages in a wrongful death claim. If no one meets that description, the estate’s personal representative has six months from the death to file suit on the estate’s behalf. After that time has passed, beneficiaries of the estate may sue.
In a wrongful death suit, you can seek recovery of medical expenses your loved one incurred before death, funeral and burial expenses, estate administration expenses, compensation for grief and emotional distress, and other damages. A pedestrian accident attorney can determine what damages you can pursue for your loved one’s death.
What Kind of Compensation Can I Recover?
Economic and non-economic damages are the two types of compensatory damages you may receive for pedestrian accident injuries. Economic damages cover the financial costs of your accident, such as medical bills, lost wages, and lost earning capacity. Non-economic damages cover the less quantifiable impacts on your life, such as pain and suffering.
In rare cases, you may be eligible for punitive damages, which aim to punish the at-fault party for egregious behavior, such as driving under the influence. A knowledgeable accident attorney can analyze your case, determine what types of damages apply to you, and fight for the maximum compensation.
What You Need To Know About PIP Insurance
Under Pennsylvania law, all car owners must have insurance with at least $5,000 of personal injury protection, or PIP coverage. This type of insurance helps cover medical expenses and some lost wages after an accident, regardless of who is at fault. If you own a car but were injured as a pedestrian, you can still file a claim under your PIP coverage regardless of who is at fault for the accident.
However, if you have exhausted your PIP coverage and still have excess medical expenses or have suffered any non-economic losses, such as pain and suffering, you might be able to pursue a claim against the at-fault driver.
Determining Fault in a Pennsylvania Pedestrian Accident
To succeed in a pedestrian accident claim, you must establish the following elements of negligence:
- Duty of care: All drivers owe others on the road a duty to operate their vehicles safely and avoid accidents.
- Breach of duty: The driver breached that duty by failing to act as a reasonable driver would under the circumstances. For instance, a driver who runs a red light or sends a text right before hitting a pedestrian may have breached the duty of care.
- Causation: The breach caused the accident to occur.
- Damages: The accident caused you to suffer compensable damages.
However, a pedestrian hit by a car may share liability. If they jaywalk, ignore traffic signs, or check their phone while crossing the street, they may be partially at fault for the accident.
In a pedestrian accident case, you must present evidence of the driver’s fault. Common evidence includes:
- Red light camera footage and dashcam footage
- Accident scene photos
- Medical records and bills
- Witness testimony
- Cell phone records
When to File a Pedestrian Accident Claim in Pennsylvania
Under Pennsylvania law, you have two years to file a pedestrian accident lawsuit. While that may sound like a long time, it can go by fast. Evidence disappears and memories fade. Acting promptly after an accident can ensure you preserve key evidence to build the strongest case.
After you file a claim with the insurance company, you can negotiate for a settlement. Insurance companies typically make lowball offers initially to get you to take less than you deserve. Therefore, consulting a lawyer as soon as possible is crucial. Working with an attorney will help protect your rights and get you full and fair compensation for your losses.
If insurance denies your claim or refuses to make a fair offer, pursuing a lawsuit may be your best option. A skilled and experienced lawyer can build a strong case and give you the best chance of success.
What To Do After Being Hit by a Car as a Pedestrian
After a car hits you, you’ll likely feel shocked and confused. However, keep these few tips in mind during the hours and days after an accident:
- Do not admit fault when talking to the driver, law enforcement, or others. Claiming responsibility may limit your legal options.
- Do not delay seeking medical attention. Injuries such as internal bleeding and head trauma may not be immediately evident, but they could cause severe problems if not addressed right away.
- Do not speak with an insurance adjuster on your own. Insurance companies incentivize adjusters to settle fast and for as little money as possible.
- Do not post about the accident on social media. Your posts may be used as evidence against your claim.
- Do not skip medical treatments. Following your doctor’s orders helps both your health and your case.
- Do not accept the first settlement offer. Instead, consult the lawyers at Cordisco & Saile to learn more about your legal options.
Our team is always here for you to answer your questions and help you figure out your next step.
“What sets us apart from other lawyers is the way we present the injury. We know the injuries. We know the effects of the injuries and we will fight for the best outcome for you and your case.”
Why Should I Consult a Pedestrian Accident Lawyer?
A pedestrian accident injury lawyer from Cordisco & Saile can help you build the strongest possible case. We have the resources to collect evidence from the accident scene and determine the full amount of damages you are owed. We can negotiate with insurers and fight back against their tactics to get you the full amount you deserve. If negotiations break down, we have the legal knowledge and skills to fight for you in court,
The driver in your accident may dispute liability and claim that you are partially or even primarily responsible, but our lawyers can refute allegations of shared fault and prove your case.
We recognize that medical bills and other expenses from a crash may stretch your finances. Our firm works on a contingency fee basis, meaning we don’t charge any upfront fees, and you pay us nothing unless we win. Focus on your healing while we focus on winning your case.
Contact Cordisco & Saile To Make Your Pedestrian Accident Claim
A pedestrian accident takes a toll on your physical, mental, and emotional health. Cordisco & Saile is here to help—our experienced attorneys have secured big personal injury verdicts and settlements for thousands of Pennsylvania residents. We know the local courts and how to build a winning case for our clients.
If you were hit by a car while walking, call 215-642-2335 or contact us online for a free consultation.
