Pedestrian Accident Lawyer Pennsylvania

If you’ve been injured in a pedestrian accident in Pennsylvania, you may be facing significant medical bills and lost wages. Porta-Clark & Ward can provide the legal support you need. Our experienced pedestrian accident lawyers will fight for your rights and work hard to get you the compensation you deserve. Reach out to us at (412) 921-7350 for a free consultation and let us help you get back on your feet.

How to Prove Driver Negligence in a Pedestrian Accident Case

Pedestrian accidents can result in life-changing injuries. When a driver is responsible for the crash, the injured person has the right to seek compensation. However, proving the driver was negligent is not always straightforward. Insurance companies often try to shift blame or downplay a pedestrian’s injuries.

Building a strong case requires gathering the right evidence and demonstrating how the driver’s actions caused the accident. Understanding what negligence means and how to prove it can make a significant difference in the outcome of a claim.

What Negligence Means in a Pedestrian Accident

Negligence occurs when someone fails to exercise reasonable care, resulting in harm to another person. In pedestrian accident cases, negligence often involves a driver failing to follow traffic laws or acting recklessly.

To prove a driver was negligent, an injured pedestrian must establish four key elements:

Duty of Care – The driver had a legal responsibility to operate their vehicle safely and follow traffic laws.
Breach of Duty – The driver failed to uphold this duty by acting carelessly or violating the law.
Causation – The driver’s actions directly led to the accident and the pedestrian’s injuries.
Damages – The pedestrian suffered injuries or losses as a result of the crash.

A strong case must show that the driver’s actions were the primary cause of the accident and that the pedestrian’s injuries were a direct result of that negligence.

Common Types of Driver Negligence in Pedestrian Accidents

Drivers have an obligation to watch for pedestrians, especially in areas where foot traffic is common. Many pedestrian accidents occur because a driver is not paying attention or violating traffic laws.

Some of the most common forms of driver negligence include:

Failing to yield at crosswalks – Drivers must stop for pedestrians in marked crosswalks. Ignoring this rule can lead to serious accidents.
Distracted driving – Texting, talking on the phone, or adjusting a GPS can cause a driver to miss a pedestrian in the roadway.
Speeding – Excess speed reduces reaction time and increases the severity of injuries in a crash.
Running red lights or stop signs – A driver who ignores traffic signals may not see a pedestrian crossing legally.
Driving under the influence – Alcohol and drugs impair judgment and reaction time, making it more likely for a driver to hit a pedestrian.
Turning without checking for pedestrians – Drivers making right or left turns sometimes focus on other vehicles and fail to notice people in the crosswalk.

Identifying the specific type of negligence involved in an accident is an important step in building a case.

Gathering Evidence to Prove Driver Negligence

Strong evidence is necessary to prove that a driver’s negligence caused a pedestrian accident. The more documentation available, the better the chances of holding the driver accountable.

Some of the most important types of evidence include:

Police Reports

When a pedestrian accident occurs, law enforcement usually responds to the scene. The police report will document key details such as:

Statements from the driver and pedestrian
Witness accounts of what happened
Whether the driver received a traffic citation
The officer’s observations about road conditions and visibility

If the driver was ticketed for a traffic violation, this can be strong evidence of negligence.

Witness Statements

People who saw the accident can provide valuable testimony about what happened. Witnesses may have seen the driver speeding, looking at a phone, or ignoring a traffic signal. Their statements can support the injured pedestrian’s version of events.

Video Footage

Surveillance cameras, dashcams, and traffic cameras may have recorded the accident. Video footage can show whether the driver was speeding, failed to yield, or engaged in other negligent behavior. If there are nearby businesses or traffic lights, an attorney can help obtain any available footage.

Photos from the Scene

Pictures taken after the accident can help establish what happened. Useful photos may include:

The location of the crash, including crosswalks and traffic signals
Damage to the vehicle involved
Skid marks or debris on the roadway
Weather and lighting conditions at the time of the accident

These images can be used to support a claim that the driver was negligent.

Medical Records

Proving negligence also requires showing that the accident caused injuries. Medical records document the severity of injuries and provide a connection between the crash and the pedestrian’s condition. Seeking medical attention immediately after an accident strengthens the case.

Cell Phone Records

If distracted driving was a factor, phone records can reveal whether the driver was texting or making a call at the time of the accident. In some cases, an attorney can request these records as part of the investigation.

Overcoming Claims That the Pedestrian Was at Fault

Drivers and insurance companies often argue that the pedestrian was partially or fully responsible for the accident. They may claim the pedestrian:

Crossed outside of a designated crosswalk
Walked into traffic without looking
Was distracted by a phone or wearing headphones
Ignored a “Do Not Walk” signal

Even if a pedestrian was partially at fault, they may still be able to recover compensation. Pennsylvania follows a modified comparative negligence rule, which means an injured pedestrian can recover damages as long as they are not more than 50% responsible for the accident. However, their compensation is reduced by their percentage of fault.

For example, if a pedestrian is found to be 20% responsible and has $100,000 in damages, they would receive $80,000. If they are more than 50% responsible, they would not be able to recover any compensation.

Having solid evidence and legal representation can help counter claims that the pedestrian was at fault.

Seeking Compensation for Injuries

If a driver’s negligence caused a pedestrian accident, the injured person may be entitled to compensation for:

Medical bills, including hospital stays, surgeries, and rehabilitation
Lost wages if the injuries prevent them from working
Pain and suffering for physical pain and emotional distress
Long-term care if the injuries result in permanent disability

Insurance companies often try to settle claims quickly for less than they are worth. Before accepting any offer, it is important to consult with a personal injury lawyer who can evaluate the case and negotiate for fair compensation.

Why Legal Help Matters in a Pedestrian Accident Case

Proving driver negligence requires thorough investigation and strong evidence. Insurance companies may try to shift blame or offer low settlements. Having an experienced personal injury attorney can make a significant difference in the outcome of a claim.

A lawyer can:

Gather and preserve evidence
Speak with witnesses and obtain statements
Handle negotiations with insurance companies
Represent the injured pedestrian in court if necessary

Protecting Your Rights with a Pedestrian Accident Attorney

Pedestrians have rights, and drivers who act negligently should be held accountable. If you or a loved one was injured in a pedestrian accident, seeking legal guidance can help ensure fair compensation for medical expenses, lost income, and other damages. Taking the right steps after an accident can protect your legal rights and improve your chances of a successful claim. Porta-Clark & Ward is dedicated to helping injured pedestrians recover damages for medical expenses, lost wages, and pain and suffering. Contact our experienced pedestrian accident attorneys at (412) 921-7350 for a free consultation and let us fight for the compensation you deserve.