Chester County Pedestrian Injury Attorney
Chester County Pedestrian Injuries
More than 100,000 of the roadway accidents which happen each year in the United States will involve a pedestrian. The very nature of a 3,000-5,000 pound vehicle hitting an unprotected person dictates there will be serious injuries or even death. A significant number of pedestrian accidents involve children and the elderly, particularly children who walk to and from school, and small children who pull away from their parent, running into the street with no realization of the potential dangers. Elderly people are more often hit by a vehicle as they cross the street. An elderly person may not be able to cross the street quickly, therefore a car which is traveling over the speed limit and possibly not paying attention may collide with the elderly person. If you are seeking a Chester County pedestrian injury lawyer, contact us today.
Ciccarelli Law Offices is based in West Chester PA in Chester County and suburban Philadelphia and we fight for your injured pedestrians. Our personal injury department is a team of personal injury lawyers experienced in pursuing pedestrian accident injury claims.
Distracted Driving as a Cause of Pedestrian Accidents
Unfortunately, the world we live in dictates there is constant busy-ness going on, even among those behind the wheel. It is believed that as many as 8,000 auto collisions each and every day across the nation are the result of a distracted driver, engaged in an activity other than driving. More and more often, drivers attempt to multi-task while driving, including talking on a cell phone, texting, changing radio stations, eating, turning around to see what the children are doing or pick up a toy or bottle, talking to passengers or simply daydreaming throughout their commute.
Cell phone use quadruples the risk of an accident, and texting is even worse. Some drivers use the inside of their car as an office—they may jot down notes, or even research on their phone or tablet while driving. Having children in the vehicle is nearly as dangerous as talking on a cell phone; having an infant in the car is believed to be eight times as distracting as driving with only adult passengers. Despite the fact that nearly all adults believe texting while driving is not acceptable behavior, more than a third of those same adults engage in texting while behind the wheel.
Where Do Most Pedestrian Accident Occur?
The majority of pedestrian accidents occur in crosswalks; despite the fact pedestrians are assumed to have the right-of-way when crossing a street, particularly in a marked crosswalk or intersection. Of course, in some instances, the pedestrian may be at fault, because he or she was not paying attention to the traffic or was walking in an area where walking is especially dangerous. Obviously, the more congested and chaotic the area, the greater likelihood for a serious pedestrian accident.
In cities, the usual noise can cause pedestrians not to hear oncoming vehicles. Many pedestrians wear headphones and listen to music or audiobooks, which can prevent hearing an oncoming car or truck. Also, with more and more hybrid/electric cars on the road, the fact there is no engine noise to hear from those vehicles can lead to a potentially traumatic accident. Pedestrian accidents are also common in parking lots, generally because those who drive in parking lots may fail to obey the rules of the road. While such collisions occur at lower speeds, serious or fatal injury can nonetheless result.
Determining Fault Following Your Pennsylvania Pedestrian Accident
In most cases, the automobile driver is at fault in a pedestrian accident, either because they failed to see the pedestrian or because they were reckless or distracted. A pedestrian could be at fault if they disregarded a “don’t walk” sign, jaywalked in a busy area at an unmarked location, or walked close to the edge of a highway where traffic moves at a high rate of speed and drivers don’t expect pedestrians. Instances of driver error or misconduct which most frequently contributes to pedestrian accidents include:
- Automobile or truck drivers who are under the influence and fail to see a pedestrian;
- Automobile or truck drivers who do not yield to a pedestrian in a crosswalk or intersection;
- Automobile or truck drivers who pass a stopped school bus with children disembarking;
- Automobile or truck drivers who disregard traffic controls;
- Automobile or truck drivers who are engaged in activities other than driving, and
- Automobile or truck drivers who disregard posted speed limit signs.
The driver who hit you, owed you a duty of care. It must be shown the driver breached that duty, whether through driving recklessly, driving while distracted, or disregarding traffic laws. Finally, it must be shown your injuries resulted from that breach of duty.
Wrongful Death Resulting from a Pedestrian Accident
When a loved one is killed as a result of a negligent driver, the family member(s) can bring a claim on his or her behalf in order to recover compensation for damages. The same elements as those for pedestrians pursuing a claim on their own, apply. It can be particularly helpful to speak to an attorney if your loved one was killed in a pedestrian accident. Your Pennsylvania personal injury attorney can deal with all legal issues associated with your wrongful death suit, allowing you time to grieve.
Compensation You May Receive Following Your Pedestrian Accident
As a pedestrian injured by a driver, you may be entitled to past medical expenses related to your injuries, as well as future anticipated medical expenses. Doctor and hospital bills, rehabilitation and therapy expenses, surgical expenses, ambulance fees and reimbursement for prescription drugs all fall under the umbrella of medical expenses. If you missed work due to your injuries, you may be entitled to compensation for the wages you lost, or, if you are unable to return to work, the wages you would have earned in the future. In some instances, you may additionally be entitled to compensation for the physical pain and suffering you experienced following your Pennsylvania pedestrian accident.
Your injuries may have caused you severe emotional distress, anxiety, depression or stress. If so, mental anguish may be a factor in your final compensation.
Contact Our Pennsylvania Pedestrian Accident Lawyers
If you were struck by an automobile or truck, you require immediate, skilled, legal assistance. Your attorney must be compassionate regarding your injuries, but aggressive in fighting for the compensation you deserve. When you need—and deserve—an advocate in your corner following your pedestrian accident, call an experienced Pennsylvania pedestrian accident attorney.
The pedestrian accident attorneys of Ciccarelli Law Offices have successfully represented individuals throughout the state of Pennsylvania that have been injured in pedestrian accidents. Our Chester County based law firm is based at 304 North High Street, West Chester PA 19380 and serves clients in Kennett Square, Downingtown, West Chester, Coatesville, Exton, Chester Springs, Chadds Ford, Landenberg, Honey Brook, Oxford, Malvern, Parkesburg, Phoenixville and Paoli. Contact us now at (610) 692-8700 or call toll free (877) 529-2422. Don’t wait—contact an attorney immediately.