The number of pedestrians killed by motor vehicles has increased in recent years. According to the Governors Highway Safety Association (GHSA), 2019 preliminary numbers appear to indicate that it will be the deadliest year for pedestrians in 30 years. In the first half of 2019, 74 pedestrians died in Pennsylvania. Pedestrians and drivers need to understand and follow pedestrian safety rules to reduce the risk of a pedestrian accident. If a pedestrian accident resulted in your injuries, contact our Erie pedestrian accident attorney immediately. Filing a pedestrian accident claim can help you recover the compensation you deserve after being injured by a careless or negligent driver.
What Causes Pedestrian Accidents?
A variety of factors may contribute to the cause of a pedestrian accident. The actions of the pedestrian and the motorist may factor into the reason for the pedestrian accident.
Common factors that can lead to a pedestrian-vehicle accident include:
- Texting while driving or walking
- Using cell phones when walking or driving
- Failing to slow down when approaching a crosswalk
- Speeding and reckless driving
- Driving under the influence of alcohol or drugs
- Walking after consuming alcohol
- Turning onto a street or pulling out of a parking lot without looking for pedestrians
- Driving too fast through parking lots
- Fatigued and drowsy driving
If a driver is at fault for the pedestrian accident, the driver is responsible for the pedestrian’s injuries and damages. In most cases, the driver’s insurance company compensates the victim for damages.
Filing a Pedestrian Accident Claim in Pennsylvania
When you file a pedestrian accident claim, the insurance adjuster may ask you to provide a written or recorded statement. It is usually best to speak with an Erie pedestrian accident lawyer before providing statements or submitting any paperwork to the insurance company.
Once you provide a formal statement, the insurance company can use anything in that statement in defense of an injury claim. Also, signing medical releases for the insurance company may give the company the right to access your entire medical history. An attorney can help you avoid mistakes that could harm your ability to recover full compensation for a pedestrian accident claim.
The insurance company assigns an adjuster or investigator to handle the claim. The adjuster reviews the claim to determine if the driver was responsible for the accident. If the insurance company accepts liability, the adjuster begins looking at your claim to determine your damages.
Damages in a pedestrian accident claim include, but are not limited to:
- The cost of medical care and personal care.
- Loss of income and benefits, including future loss of income and diminished earning capacity.
- Physical pain and suffering.
- Emotional and mental anguish, including anxiety, PTSD, and depression.
- Scarring, disfigurement, and permanent disabilities.
- Loss of enjoyment of life and loss of quality of life.
The total value of a pedestrian accident claim includes both financial and noneconomic (pain and suffering) damages.
Contact an Erie Pedestrian Accident Attorney
Pedestrian accidents are some of the most severe types of motor vehicle accidents. Pedestrians have no protection from the impact of a vehicle. In many cases, pedestrians hit by a vehicle sustain traumatic, life-threatening injuries that can result in permanent impairments and death.
It is important to work with an attorney who understands how to accurately value an injury claim to maximize the compensation you can receive after being hit by a car. The insurance adjuster is not looking out for your best interest. The adjuster is looking out for the insurance company.
Call The Travis Law Firm at (800) 401-2066 to schedule your free legal consultation with our Erie pedestrian accident attorney. We fight for fair and just compensation for victims of pedestrian accidents.