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Pedestrian Accident Attorney

What To Do About Getting Injured In a

Pedestrian
Accident

Whether a driver ran a red light, didn’t stop at a crosswalk, was texting and driving, or was just not paying attention to the road, he or she can be held liable for causing a pedestrian’s injuries.

Due to the impact a speeding vehicle can have on a human being, injuries sustained as a result of a pedestrian accident are often debilitating and fatal.

Everything You Should Know About

Pennsylvania Pedestrian Accident Injuries

Pedestrian Accident Lawyer in Allentown

If you have suffered injuries or property loss after a pedestrian accident, you may be entitled to compensatory damages for:

  • Pain and suffering
  • Embarrassment and humiliation
  • Loss of enjoyment or pleasure of life
  • Disfigurement
  • Medical expenses
  • Lost wages
  • Property damage
  • Incidental costs
  • Psychological damages
  • Loss of consortium
Scherline-&-Associates Personal Injury Law Firm

Over 40 Years Of Experience Representing Injured people

What Do I Do If I Suffered A Pedestrian Accident?

The steps to take immediately after a pedestrian accident are crucial. Your health and safety must always be your first priority if you are injured in a pedestrian accident. Please call 911 immediately and request help if you are injured. It’s possible that you may feel fine immediately after being knocked down. However, even serious injuries may not show any adverse symptoms until the next day, or even several days after. Therefore, it’s always recommended to seek medical treatment as soon as possible, whether you believe you are seriously hurt or not.

The next thing you must do is gather as much relevant information about the accident as you can. Please make sure to include:  

  • Contact information for any available witnesses
  • Names and contact information for everyone involved
  • Photos/videos of the accident scene, the offending vehicle, and your injuries
  • The offending driver’s name, driver’s license, insurance information, and license plate number 

It is crucial that you DO NOT admit fault or even suggest who may be at fault. If possible, DO NOT SPEAK about the accident at all. It’s perfectly normal to feel upset and get caught up in the moment, but discussing the accident — and especially, apologizing for it — will not help you and can be used against you.

Finally, it is important to retain the services of a Lehigh Valley pedestrian accident attorney. Do not attempt to negotiate directly with the insurance company. An experienced pedestrian accident attorney can deal with the insurance companies for you and will always be available to answer any questions about liability or damages owed to you.

Laws Affecting Pedestrians And Drivers


Below are several laws affecting both drivers and pedestrians, according to the Pennsylvania Vehicle Code. Among other considerations, a pedestrian accident lawyer will consider the following laws when determining who is responsible:

  • A driver must always yield the right of way to a pedestrian who is crossing a roadway within any marked crosswalk or within any unmarked crosswalk at an intersection.
  • A driver must never stop within a crosswalk, as this forces a pedestrian to walk around that vehicle, which can be very dangerous.
  • A pedestrian is never allowed to “jaywalk”. A person crossing the roadway at any point other than within a crosswalk shall yield the right-of-way to all vehicles.
  • A driver must never pass a vehicle stopped at a crosswalk. The stopped driver could be waiting for a pedestrian to cross safely.
  • A driver can drive on a sidewalk only when entering or exiting a garage or alleyway. However, that driver must still yield to a pedestrian when doing so.

When Can I Sue For A Pedestrian Accident?

Data shows that pedestrians are involved in 8% of traffic collisions yet account for nearly 45% of all traffic deaths annually. 

As with most personal injury accidents, in order to be entitled to damages a pedestrian accident victim must prove that the offending driver was negligent. In summary, this means that:

  • The driver owed the pedestrian a duty of care
  • The driver breached his or her duty of care through his or her actions or failure to act
  • The driver’s negligence was the primary cause of the pedestrian’s injuries
  • Pedestrian can prove injuries and damages

In general, if a driver acted in a negligent manner while behind the wheel, he or she could be found liable for causing harm to a pedestrian. A few examples of driver negligence include:

  • Speeding
  • Failing to yield
  • Texting and driving
  • Running through a stop sign
  • Driving under the influence of drugs or alcohol
  • Hitting another driver who was in an emergency lane
  • Not allowing sufficient space for a pedestrian who is entering a parked car

A driver must yield the right of way to a pedestrian in all marked crosswalks or at an intersection. Failing to yield to a pedestrian in a crosswalk or intersection will likely cause the driver to bear liability for the accident.

Available Damages After A Pedestrian Accident

Due to their violent nature, injuries suffered as a result of a pedestrian accident may require costly medical care. It’s likely that an accident victim will have to miss work or school for a long period of time. Sadly, some pedestrian accident victims can never work or live a full life again.

An injured pedestrian is typically entitled to sue for compensatory damages. Compensatory damages after a pedestrian accident may include:

  • Pain and suffering
  • Embarrassment and humiliation
  • Loss of enjoyment or pleasure of life
  • Disfigurement
  • Medical expenses
  • Lost wages
  • Property damage
  • Incidental costs
  • Psychological damages
  • Loss of consortium

Due to the negligent nature of many pedestrian accidents, a victim may also be entitled to punitive damages. However, a pedestrian accident victim must be able to prove that the other party’s actions were grossly negligent. Punitive damages are only awarded at the court’s discretion and are meant to punish a wrongdoer for his or her deliberate acts of malice.

Types Of Pedestrian Accidents

  • When Environmental Conditions Cause A Pedestrian Accident – All drivers and pedestrians have a responsibility to one another: a driver must use reasonable care to avoid hitting a pedestrian, and a pedestrian must use reasonable care to safely cross a street. This applies regardless of weather conditions.
  • Pedestrian Hit By Car — No Injuries – Just because you don’t feel hurt doesn’t mean you aren’t. We strongly recommend waiting until you have been checked out by a doctor before you make any statements or sign anything an insurance company places in front of you. 
  • Left Hand Turn Pedestrian Accidents – Anytime a driver fails to follow the right of way and causes a pedestrian accident, he or she may be held liable. In large part, left hand pedestrian accidents are so common because many drivers do not abide by safe driving laws.
  • What Are the Main Causes of Pedestrian Accidents? – A pedestrian accident occurs when a pedestrian is injured upon coming into contact with a vehicle. This includes being struck by a vehicle, a bicyclist, or scooter. 
  • Child Pedestrian Accident – When a child pedestrian gets in an accident, the severity of damages can be dire due to a child’s smaller frame impacted by a heavy vehicle.
  • Pedestrian Death in Pennsylvania – When a collision involves a pedestrian, the crash could be fatal – many roads are heavily travelled – and it should come as no surprise that pedestrian deaths result. 
  • Backing Up – There are many different ways pedestrians can get into an accident when walking down the street. The different ways pedestrian accidents may occur include, though are not limited to a vehicle backing up into a pedestrian, a vehicle running through an intersection where pedestrians are crossing, or a vehicle veering off of the main road in hitting a pedestrian. 

Contact a Pedestrian Injury Attorney – An experienced pedestrian accident attorney who knows how to take on the insurance companies can help you with the representation that you deserve. 

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If you have been injured in a pedestrian accident, you can count on the legal team at Scherline & Associates to fight for you every step of the way. Contact us today to schedule your free case evaluation with a personal injury attorney.

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