Individuals operating motor vehicles carry a heavy burden of care to prevent harm to people walking, riding bikes, or using the roads by other means. Because of the extreme vulnerability of a person on foot compared to a multi-ton car, the driver is frequently the party held responsible when a collision occurs. This is not a universal rule, however, as Pennsylvania and New Jersey laws also require pedestrians to follow specific rules of the road.
Establishing who is to blame for a crash involving a person and a vehicle requires a detailed look at the available facts to see exactly why the impact happened. If you are experiencing the aftermath of these injuries, you might find it helpful to speak with a legal professional who can manage the technical investigation and the insurance paperwork while you focus on your health. Quinn Law Group is prepared to assist you through this process.
When Can a Pedestrian Be Liable in a Car Accident?
While those behind the wheel must maintain a high level of awareness to keep people safe, there are legal requirements for those walking along or across the street. If a person ignores these statutes, they may be found to hold at least some of the blame for the resulting injuries. Situations where a person on foot could be held liable for an accident include:
- Walking across the street in the middle of a block
- Crossing the road illegally outside of designated areas
- Moving into the street when the crosswalk signal indicates it is unsafe
- Being present in the roadway outside of a marked or unmarked crosswalk
- Walking while under the influence of drugs or alcohol
- Being on a roadway where foot traffic is forbidden, such as a major highway or interstate
Even when these factors are present, it is quite rare for the pedestrian to be found entirely at fault for the incident. A thorough look at the scene often shows that the driver could have done more to avoid the strike, leading the insurance company or a jury to decide that the driver still holds the majority of the responsibility.
Financial Recovery in Pedestrian and Car Accidents
The harm caused when a car strikes a person can range from painful bruising to life-altering trauma. Common physical outcomes of these events include:
- Fractured or shattered bones
- Damage to the neck and back
- Tears or strains in soft tissues
- Damage to the spinal cord
- Traumatic brain injuries
- Other forms of head trauma
- Internal organ damage or bleeding
- Deep cuts and abrasions
Most victims will require immediate care at an emergency room followed by a stay in the hospital or a series of specialist visits. These medical bills accumulate rapidly, yet an injured person has the right to pursue the negligent driver for compensation to cover losses such as:
- Medical bills and hospital costs
- Projected costs for future medical needs
- Wages lost while being unable to work
- A permanent drop in the ability to earn a paycheck
- Damage to personal property
- Physical pain and emotional suffering
- Other non-financial losses
If a person loses their life because of these injuries, their family members can often pursue a wrongful death claim to address the loss of support and funeral costs.
How a Pedestrian Accident Lawyer Proves Your Claim
Seeking help from a firm like Quinn Law Group allows you to hand over the heavy lifting of a legal claim so you can spend your energy on your family and your recovery. Sean Quinn has over 20 years of trial experience and has secured millions of dollars for clients in Pennsylvania and New Jersey. While you recover, our team can:
- Guard your legal rights from insurance adjusters
- Conduct an investigation into the crash
- Pinpoint who is legally responsible
- Oversee all aspects of the case
- Submit your insurance claim
- Calculate the total value of your losses
- Engage in settlement discussions
- File a lawsuit against the negligent party if it is required
- Act as your voice in the courtroom
Working with our team can often speed up the process and remove the heavy weight of legal stress from your shoulders. Because we use a contingency fee structure, there are no costs for you to pay at the start of your case.
How Shared Responsibility Affects Your Compensation
The way fault is divided between the parties can change the amount of money you are able to receive. Pennsylvania and New Jersey follow modified comparative negligence rules, which are different from the strict laws found in some Southern states. In our region, you can still seek a recovery as long as your own level of blame does not exceed 50 percent.
For instance, if you were crossing the street outside of a crosswalk but the driver was speeding, a court might find you 25 percent responsible. In that scenario, the total amount of your compensation would be lowered by 25 percent to reflect your role in the event.
Time Limits for Starting a Pedestrian Injury Lawsuit
There is a window of time, known as the statute of limitations, in which you must start your lawsuit or lose the right to do so forever. It is important to talk about these dates with an attorney because the specifics can change based on the details of your situation. In our area, the typical deadlines include:
- Two years from the date of the accident in Pennsylvania
- Two years from the date of the accident in New Jersey
Contact Quinn Law Group for a Professional Evaluation of Your Case
You can reach out to the Philadelphia office of Quinn Law Group to find out how our experience with high-stakes litigation can help you secure the funds you need. Our results include multi-million dollar outcomes like $4.25 million and $2.4 million for those we represent. Sean Quinn is a Super Lawyer in both Pennsylvania and New Jersey and holds a perfect 10.0 Avvo rating.
We offer free case evaluations where we listen to your story and explain the laws that apply to your specific situation. Call (215) 360-3666 to discuss your options today.