Pedestrian Accident Lawyer Pittsburgh
Pedestrians should feel safe walking Pittsburgh’s streets, but careless drivers can cause devastating injuries. If you’ve been hit by a vehicle, Porta-Clark & Ward are here to help. Our experienced pedestrian accident lawyers will fight to hold negligent drivers accountable and get you the financial support you need. Contact us at (412) 921-7350 for a free consultation.
Understanding Pedestrian Right of Way in Pennsylvania
Pedestrians and drivers share the road, but misunderstandings about right of way can lead to dangerous accidents. In Pennsylvania, laws are in place to protect pedestrians, but that does not mean drivers always follow them. Knowing when pedestrians have the right of way and what legal protections exist can help prevent accidents and clarify liability if one does occur.
Pedestrian accidents often result in severe injuries. When a car hits someone walking, the pedestrian is far more vulnerable. If a driver fails to yield when required by law, they can be held responsible for the harm they cause.
When Pedestrians Have the Right of Way
Pennsylvania law outlines several situations where pedestrians have the right of way. Drivers must stop or yield when:
- A pedestrian is in a marked crosswalk at an intersection
- Someone is crossing at an unmarked crosswalk at an intersection where there are no traffic signals
- A pedestrian is walking with a green light or walk signal at a traffic-controlled crosswalk
- A person is entering or leaving a driveway, alley, or parking lot and crossing over a sidewalk
In these situations, vehicles are required to slow down or stop to allow pedestrians to cross safely. Drivers who ignore these rules can be held accountable if their actions lead to an accident.
When Pedestrians Must Yield to Vehicles
Although pedestrians have legal protections, they also have responsibilities. There are times when they must yield to vehicles, including:
- Crossing outside of a crosswalk (jaywalking) when there is no traffic signal
- Walking against a red light or a “Do Not Walk” signal
- Stepping into the street suddenly in a way that does not give a driver enough time to stop
Pedestrians should also use sidewalks when available. If there is no sidewalk, they are required to walk on the left side of the road facing oncoming traffic.
How Right of Way Affects Liability in Accidents
When a pedestrian is hit by a car, determining who had the right of way is a key part of establishing fault. If the driver violated pedestrian right-of-way laws, they are likely responsible for the accident. However, if the pedestrian stepped into traffic unexpectedly or crossed in an unsafe manner, they may share some of the blame.
Pennsylvania follows comparative negligence laws, meaning that if both parties are partially at fault, compensation is reduced by the pedestrian’s percentage of responsibility. For example, if a pedestrian is found 30% at fault, their settlement will be reduced by 30%. However, if they are more than 50% at fault, they may not recover any damages.
Common Causes of Pedestrian Accidents
Pedestrian accidents happen for many reasons, but some of the most common include:
- Drivers failing to yield at crosswalks – Some drivers do not stop for pedestrians even when required by law.
- Distracted driving – Looking at a phone or adjusting the radio can cause a driver to miss a pedestrian crossing the street.
- Speeding – The faster a vehicle is moving, the harder it is to stop in time.
- Drunk driving – Impaired drivers have slower reaction times and may not see pedestrians until it is too late.
- Poor visibility – Low lighting, bad weather, or objects blocking the driver’s view can lead to accidents.
- Jaywalking – Pedestrians who cross outside of designated areas put themselves at higher risk.
No matter the cause, pedestrians who are injured by negligent drivers have legal options to seek compensation.
What to Do After a Pedestrian Accident
If you are hit by a vehicle while walking, taking the right steps can protect your health and your ability to file a claim.
- Call 911 – A police report will document what happened and may include statements from witnesses.
- Seek medical attention – Even if you feel okay, some injuries take time to appear. Getting checked by a doctor ensures proper treatment.
- Gather evidence – If possible, take photos of the accident scene, the vehicle involved, and any visible injuries.
- Get witness information – Anyone who saw the accident can provide statements that may help your case.
- Avoid discussing fault – Do not admit any responsibility to the driver, police, or insurance company.
- Consult a personal injury lawyer – An attorney can help you navigate the claims process and ensure you receive fair compensation.
How a Lawyer Can Help After a Pedestrian Accident
Filing a claim after being hit by a car can be a complicated and overwhelming process, especially when dealing with insurance companies that may try to shift the blame onto the pedestrian to minimize their financial liability. This tactic allows insurers to reduce or even deny payouts, making it even more challenging for injured pedestrians to secure the compensation they deserve. However, an experienced personal injury lawyer can help level the playing field by gathering crucial evidence, such as surveillance footage, witness statements, and accident reports. They can also negotiate aggressively with insurance companies on your behalf and work to establish the driver’s negligence, ensuring that you receive fair compensation for your injuries.
An attorney can also help assess and calculate the full extent of damages, which may include:
- Medical bills for emergency treatment, surgeries, rehabilitation, and ongoing care
- Lost wages due to time away from work or an inability to return to your previous job
- Pain and suffering caused by physical injuries and emotional trauma
- Future medical costs for long-term treatment or therapy
- Emotional distress, including anxiety, depression, and post-traumatic stress
Because Pennsylvania has a two-year statute of limitations for personal injury claims, it is important to act quickly. Waiting too long could make it harder to gather evidence and file a case.
Hold Negligent Drivers Accountable with a Pedestrian Accident Attorney
If you were hit by a car while walking in Pittsburgh, understanding your rights is essential. Seeking legal guidance can help ensure you get the compensation you deserve for your injuries and losses. Pedestrian accidents can cause devastating injuries, but you don’t have to face the aftermath alone. Porta-Clark & Ward in Pittsburgh will fight for your rights and help you seek the compensation you need to heal. Call (412) 921-7350 today to speak with an experienced pedestrian accident attorney for a free consultation.