We know that there are times when you simply do not feel like using a vehicle and want to go out for a walk or a bike ride. In fact, Pittsburgh is a great place to get around without a vehicle. Whether you are a regular exerciser or just want to get out for some fresh air, walking and jogging are wonderful ways to get out and about. Many people simply just walk to work, especially those in urban areas.
But what happens when someone else’s negligence causes you harm?
When you need a Pittsburgh pedestrian accident attorney, you can count on the team at Shenderovich, Shenderovich & Fishman to be by your side, working to get the compensation you deserve.
THE NUMBERS
Pennsylvania sees its fair share of pedestrian accidents. Here are some of the numbers from the latest reporting year:
- Pedestrian accidents represent 3.2 percent of total crashes, but 13.2 percent of all traffic crash fatalities.
- There were over 4,000 pedestrian accidents last year.
These accidents are particularly devastating to the victims because they have no protection from the impact of a vehicle or the ground. Most of the time, when people are stuck, they sustain some kind of injury.
Minor injuries can include road rash, small lacerations, and bumps and bruises.
Major injuries can include internal organ damage, spinal cord injuries, head, and brain trauma, broken or dislocated bones, and more.
The more serious injuries can require major medical procedures and even rehabilitation. Many people require life-long care if they have a permanent disability. All of this can be incredibly costly. Did you know that spinal cord injuries that result in paralysis can cost over $1 million dollars for the first year of medical care?
HOW THEY HAPPEN
Many pedestrian accidents are the result of careless driver behavior, especially around intersections and pedestrian right-of-way. Even at slower speeds, pedestrians can sustain major injuries.
We know that drunk drivers are a major cause of concern and can really harm vulnerable pedestrians. Just as deadly are distracted drivers who continually look at their phone screens instead of the roadway. The bottom line is that drivers who are negligent can cause harm to the most vulnerable groups on and around the roadway.
WHAT YOU CAN DO NOW
If you have been injured while you were out walking or jogging and it was due to someone else’s negligence, you need to seek legal assistance. The knowledgeable and experienced team at Shenderovich, Shenderovich & Fishman is ready to help you with your case. We do not think you should have to worry about your finances if someone else has caused you harm. That is why we want to make sure you get fair compensation for all of your accident-related expenses. This can include medical costs, lost income, pain and suffering damages, as well as punitive damages. When you need a Pittsburgh pedestrian accident attorney, you can contact us for a free consultation by clicking here or calling (412) 391-7610.
Pedestrian traffic fatalities across the United States total more than 6,200 deaths per year, the highest number in nearly three decades, according to the Governors Highway Safety Association. In Pennsylvania alone, there are nearly 100 pedestrians killed by motor vehicles each year.
Crossing the street has never been more dangerous than it is today, with so many drivers operating vehicles under the influence of alcohol and drugs, using smartphones and other devices while driving, exceeding the speed limit, and violating a variety of other traffic laws.
In Pennsylvania, a pedestrian entering crossing at an intersection, mid-block crossing, or driveway accounts for more than 40 percent of actions performed by a pedestrian when the crash occurs, while walking, running, jogging, and playing account for nearly 30 percent of pedestrian accidents, according to the Pennsylvania Department of Transportation.
In most pedestrian accident cases, the injured pedestrian may feel as if the motorist’s fault is clear and the process of seeking compensation for his or her damages and losses will be easy and straightforward, which is why he or she may refrain from hiring a Pittsburgh pedestrian accident attorney.
Contrary to popular belief, obtaining compensation is anything but easy even in the “most obvious” pedestrian accident case where it seems that another party’s fault is clear and cannot be disputed by a reasonable person.
ARE YOU ENTITLED TO COMPENSATION IN YOUR PEDESTRIAN ACCIDENT CASE?
First of all, it is necessary to establish fault in your particular case. You cannot recover damages in a personal injury case if you cannot prove that the other party acted in a negligent, careless, or reckless manner. Typically, proving a motorist’s fault in a pedestrian accident case is not that difficult considering that pedestrians almost always have the right of way.
However, you may encounter a plethora of challenges when trying to seek compensation for your pedestrian accident injury. For example, you may have insufficient evidence to prove that the car driver was speeding at the time of the collision when there were no witnesses or camera footage. Or the other motorist may attempt to put the blame on you. In either case, it is advised to be represented by a Pittsburgh pedestrian accident lawyer from Shenderovich, Shenderovich & Fishman.
A skilled lawyer by your side will help you collect necessary and sufficient evidence to prove the motorist’s negligence and help you recover the maximum compensation you deserve.
HOW TO PROVE A CAR DRIVER’S FAULT IN A PEDESTRIAN ACCIDENT?
When collecting evidence to establish a motorist’s fault in your case, our lawyers will utilize a variety of tools and resources, including but not limited to:
- Police report
- Accident reports
- Photos and videos taken by the parties and witnesses
- Security camera footage
- Witness statements
- Mobile phone records (in pedestrian crashes caused by distracted driving)
- Black box data
- Driver histories
Do keep in mind that the motorist might claim that you are partially to blame for your injury. Pennsylvania is a modified comparative negligence state, which means you can be barred from recovering damages if your fault is greater than that of another party. Also, under comparative negligence law, your compensation is reduced by the percentage of your fault.
“For example, if you are entitled to $150,000 in damages and were 20 percent liable for the pedestrian accident, you will be able to obtain $120,000, which is only 80 percent of the full settlement,” explains our Pittsburgh pedestrian accident attorney from Shenderovich, Shenderovich & Fishman.
HOW TO AVOID BEING INJURED IN A PITTSBURGH PEDESTRIAN ACCIDENT
Because you may not recover the full amount of compensation you are pursuing after a pedestrian accident if it can be shown that your own negligence contributed to your injuries, it is vital to familiarize yourself with the various steps you can take to minimize your chances of being injured in an accident partially caused by your own recklessness. Even if you have already been injured in a Pittsburgh pedestrian accident, keeping these points in mind can help you avoid future accidents.
Some ways to avoid being hurt in a pedestrian accident are common sense. For example, you should cross at a crosswalk whenever one is available and always check for oncoming traffic before crossing a road. Even if you have the right-of-way if it appears an oncoming motorist is not slowing down, err on the side of caution and don’t cross until you know it is safe to do so.
Other ways to minimize your chances of being hurt in a Pittsburgh pedestrian accident include the following:
DON’T WALK HOME WHILE INTOXICATED
Operating a motor vehicle while under the influence of drugs or alcohol is very dangerous. Most of us thoroughly understand this. By the time an American reaches driving age, there is a good chance they have been exposed to countless PSAs and other such content informing them of the risks of intoxicated driving.
Sharing this information plays a vital role in keeping motorists and pedestrians safe. However, as a society, we place so much emphasis on the importance of not driving drunk that we sometimes overlook how risky walking while intoxicated can be.
Walking home from the bar or any other setting where you have had a few drinks or used drugs understandably seems like the wise decision when your other option is to drive. That said, research indicates your chances of being seriously injured or killed may actually be greater if you walk home while intoxicated than they would be if you were to drive.
DO NOT assume this means you should drive while intoxicated instead of walking. If you know you’re going to likely be consuming alcohol or taking drugs somewhere, be sure you will be able to call a cab, schedule an Uber or Lyft, or get a ride home with a sober friend ahead of time. Driving while drunk or high is still very irresponsible.
You must simply understand that walking while drunk or high is irresponsible as well. When you are walking while intoxicated, you are at greater risk of being harmed in a Pittsburgh pedestrian accident because you might:
- Forget to check for oncoming traffic when crossing the road
- Misjudge how close oncoming traffic is
- Stumble off the sidewalk
- Engage in reckless behaviors that you would not engage in while sober
CHOOSE THE RIGHT CLOTHING
Plan on wearing bright colors if you are going to be walking around Pittsburgh at night or in low-light conditions. Your goal is to choose an outfit that will help motorists notice you.
LOOK DOWN AFTER LOOKING BOTH WAYS
You already know you must look both ways to check for oncoming traffic when crossing the street. What you might forget is that it’s also smart to look down and check for road conditions (such as torn pavement) that could cause you to slip or trip. If you were to slip and fall down in the middle of the street, you might be at risk of being injured if you are unable to pick yourself up and move before oncoming traffic reaches you. If the driver of an oncoming vehicle is distracted, they may not notice you in the road.
WHAT DAMAGES CAN YOU PURSUE IN YOUR PEDESTRIAN ACCIDENT CASE?
“As a person injured in a pedestrian accident, what types of damages can you recover as part of your personal injury claim?” That is a very straightforward question to ask, especially given that we are talking about pedestrian accidents, where the victims tend to suffer more serious injuries than victims of ordinary car accidents.
To calculate the value of your pedestrian accident case and determine the types of economic and non-economic damages that you are entitled to, it is important to consider the following factors:
- How severe is your injury?
- When are you expected to fully recover, if ever?
- How many days, weeks, months, or years of work will you have to miss due to the injury?
- Will you ever be able to perform your job duties?
- Has your earning capacity been diminished due to the injury?
- Can you still perform all of the activities that you used to perform in your life before the accident?
- Has the quality of your personal life been affected?
- Have any of your family members been affected by your injury?
- Was pain and suffering, mental anguish, emotional distress, or other non-tangible damages involved?
Based on the answers to these and many other questions, your Pittsburgh pedestrian accident lawyer will be able to calculate how much money you can recover and what types of economic and non-economic damages are recoverable in your case. Get a free case evaluation by calling at (412) 391-7610.
