Pedestrian Hit by a Car: What You Need to Know

Pedestrian accidents can happen in an instant and often cause serious injuries that affect not only the victim but their loved ones too. If you or a loved one has been injured as a pedestrian in Pennsylvania, it is normal to feel overwhelmed and confused, which is why it is important to have a knowledgeable Pennsylvania pedestrian accident attorney by your side to make sure you receive the proper compensation for the injuries from your accident. At Edgar Snyder & Associates, we want to help get you the compensation you deserve for your Pennsylvania pedestrian accident.

Pedestrians should always take safety precautions like staying alert, avoiding distractions, and using crosswalks. However, unfortunately, even when a pedestrian does nothing wrong, drivers make poor choices and accidents occur.

We know it can feel scary to call a lawyer. But even minor injuries can lead to complications, so it’s important to reach out as soon as possible. We handle the complexities and stress of dealing with insurance companies and legal procedures and can build a compelling case to maximize your compensation.  We understand how much an accident can impact you and your family and we work hard to give you and your claim the meaningful attention you deserve.

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Who Is at Fault When a Car Hits a Pedestrian?

You may be wondering who is at fault when a pedestrian is hit by a car in Pennsylvania. Pennsylvania follows a system called modified comparative negligence, also known as the ‘51% rule.’ Under 42 Pa. C.S. § 7102, a pedestrian is able to recover damages for their pedestrian accident even when they are partially at fault as long as their fault does not reach or exceed 51%. If the pedestrian is found to be 50% or less at fault, they can still receive compensation. However, the amount will be reduced based on their share of the fault. On the other hand, when a pedestrian is 51% or more at fault for a pedestrian accident in Pennsylvania, they cannot recover at all.

When determining fault for a pedestrian accident in Pennsylvania, courts look at which party breached their duty of care. Drivers must exercise reasonable care on the road and pedestrians must exercise reasonable care when walking. When a driver or pedestrian fails to exercise reasonable care, and their failure causes the accident, courts in Pennsylvania will find that they were negligent. Fault is determined by reviewing evidence like police reports, witness statements, surveillance footage, photos of the scene, damage reports, medical records, and expert opinions.

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Who Is Liable for Pedestrian Injuries After a Car Accident?

You may be wondering, can a pedestrian sue after being hit by a car?” In Pennsylvania, a pedestrian can sue for injuries and losses if the driver’s negligence caused the accident. Pedestrian accident lawsuits aim to recover damages like medical bills, lost wages, and pain and suffering. In most cases, the at-fault driver’s auto liability insurance covers these costs. Having an attorney help you with the insurance aspect of the case is strongly recommended in order for you to be properly compensated for your pedestrian accident injuries.

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Understanding Compensation in Pennsylvania for Pedestrian Car Accidents

To get compensation for your pedestrian accident in Pennsylvania, you must settle your claim or file a lawsuit within two years of the accident. The typical damages you will have can include past and future medical bills, lost wages, pain and suffering, and other types of damages. This deadline is part of Pennsylvania’s statute of limitations for personal injury claims.

Courts look at medical records in order to prove the type and extent of injuries caused by the accident, and document the different treatment costs. These records can show the court that you will need future care and can also support claims for wage loss and pain and suffering. There is no set average settlement for pedestrian accidents in Pennsylvania because each case depends on the specific details and severity of the injuries. The settlement for a pedestrian hit by a car in Pennsylvania may vary significantly based on the severity of the injuries involved, medical costs, liability, and other financial losses.

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Steps to Take Immediately After Being Hit by a Car

You may be wondering what to do if you were hit by a car while walking in Pennsylvania. To protect both your health and your legal claim, follow these steps:

1. Move to a safe place and call 911.
2. Seek medical attention.
3. Never admit fault or place blame. Stick to the facts.
4. Get the driver's contact and insurance information.
5. Speak with witnesses and gather their contact information. Witnesses can be crucial to confirm what happened.
6. Document the details of the accident while they're still fresh in your mind. You can jot them down on a piece of paper or record them with a voice recording app on your smartphone.
7. Take photos of the scene and your injuries.
8. Finally, contact Edgar Snyder & Associates for a free consultation with a Pennsylvania pedestrian accident lawyer before giving a statement to any insurance company, even your own.

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Dealing with Insurance Companies After a Pedestrian Accident

Insurance companies can be difficult to deal with and often follow what’s known as the '3D’s': delay, deny, and defend. Insurance companies may delay handling your claim altogether. They may also deny that you were injured in the accident. Lastly, if you try to challenge a delayed or denied claim, the insurance company may defend its position in court with its own army of lawyers, which could ultimately cause you to receive a low ball offer in your case.

For these reasons, it is extremely important for you to contact a lawyer before signing anything. Our experienced legal professionals at Edgar Snyder and Associates help you stand up to the insurance company. Our legal team knows howto push back. We handle the insurance companies so you can focus on healing from your pedestrian accident. That way, you can focus on getting better.

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Contact a Lawyer for a Pedestrian Accident Case

Our experienced Pennsylvania pedestrian accident lawyers at Edgar Snyder & Associates have helped thousands of injury victims in Pittsburgh, Erie, Altoona, Harrisburg, and Johnstown. We’re ready to help you too. You can contact our Pennsylvania pedestrian accident lawyers for a free consultation. There’s no cost to talk with us, and no pressure to hire our firm. Don’t face this alone. You can contact our pedestrian accident lawyers in Pennsylvania by phone, chat, or complete a brief online form for your free consultation. Our Pennsylvania pedestrian lawyers are ready to help you with your pedestrian accident case.

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Frequently Asked Questions

Here are answers to some common questions about pedestrian accidents in Pennsylvania.

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What happens if a pedestrian gets hit by a car?

When a pedestrian gets hit by a car, they typically suffer serious injuries including broken bones, head injuries, road rash, soft tissue injuries,internal bleeding, brain injuries, and spinal cord damage. In addition, several pedestrian accidents a year are fatal.

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Who is at fault when a pedestrian gets hit by a car in PA?

Pennsylvania uses a modified comparative negligence system, which means both the driver and the pedestrian can share fault for the accident.

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Can a pedestrian sue after being hit by a car?

Yes, a pedestrian can sue after being hit by a car for the injuries and losses they sustained from the accident as long as the driver’s negligent actions caused the accident.

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What should I do if I was hit by a car while walking?

If you were hit by a car while walking it is important for you to take the following steps:

• Move to a safe place and call 911.
• Seek medical attention if needed.
• Do not admit fault or place blame.
• Ask for the driver's contact and insurance information.
• Speak with witnesses and get their contact information.
• Write down what happened or record a voice note while the details are still fresh.
• Take photos of the scene and your injuries.
• Contact an attorney.‍