West Chester University students often walk through bustling streets, heading to classes or local shops, making them vulnerable pedestrians. Unfortunately, accidents can happen, and being struck by a car is a devastating experience that raises important questions for injured students. Can they file a personal injury claim? What are their rights and legal options in Pennsylvania?
This detailed guide explores how Pennsylvania law protects pedestrians, the steps to filing a personal injury claim, and the types of compensation students may recover. It also explains how Ciccarelli Law Offices can provide critical legal support when it matters most.
Legal Rights of Pedestrians in Pennsylvania
Pedestrians, including students in West Chester, are afforded specific legal protections under Pennsylvania law. Understanding these rights is crucial if you’re seeking justice after being hit by a car.
Right of Way Laws
Pennsylvania law requires drivers to yield right of way to pedestrians in the following situations:
- Marked Crosswalks: Pedestrians using designated crosswalks always have the right of way.
- Unmarked Crossings at Intersections: Even if no crosswalk is present, drivers must yield to pedestrians crossing at intersections.
- Traffic Signals: When a pedestrian signal grants passage, drivers must allow safe crossing.
Drivers who ignore these regulations and injure pedestrians may be held responsible for any resulting damages.
Pedestrians’ Responsibilities
While pedestrians have many protections, they also have a duty to exercise reasonable care. For example:
- Avoid Crossing Highways Improperly: Pedestrians are expected to use designated crossings or avoid entering busy roads unsafely.
- Obey Pedestrian Traffic Signals: Ignoring “Do Not Walk” signs could impact liability in an accident.
If both the pedestrian and the driver acted negligently, Pennsylvania’s comparative negligence rules may apply, which will be discussed later.
Special Protections for Students
Areas near universities, such as West Chester University, are often busy with student activity. Drivers passing through these zones are required to exercise extra caution. Pennsylvania law designates areas like school zones as requiring reduced speed limits, adding additional safeguards for students.
The Process of Filing a Personal Injury Claim
If a West Chester University student is struck by a car, they have the right to pursue a personal injury claim against the at-fault driver. Here’s an outline of the steps involved in the process.
Step 1: Seek Medical Attention
After an accident, prioritize your health and safety. Even if injuries seem minor, some issues (such as concussions or internal injuries) might not show symptoms immediately. Obtain a full medical evaluation, as these records are essential to proving the severity of your injuries.
Step 2: Report the Accident
Call the police to make an official report. A police report provides crucial documentation for your claim and establishes the facts, such as the location of the incident, witness information, and any potential traffic violations.
Step 3: Collect Evidence
Document the scene of the accident as thoroughly as possible. Helpful evidence might include:
- Photos of the vehicle, road conditions, traffic signals, and your injuries.
- Witness contact information.
- Surveillance footage from nearby businesses or traffic cameras.
Step 4: Prove Negligence
To file a successful personal injury claim, you must prove that the driver who hit you acted negligently. This involves demonstrating the following:
- Duty of Care: The driver had a legal responsibility to exercise care while operating their vehicle.
- Breach of Duty: The driver violated this duty by actions like speeding, texting, or running a red light.
- Causation: The driver’s negligence directly caused the accident and your resulting injuries.
- Damages: You suffered losses (medical bills, missed schoolwork, pain) due to the incident.
Gathering sufficient evidence to establish negligence is one of the key reasons why working with an experienced attorney is invaluable.
Step 5: File a Claim with the Insurance Company
File a claim with the at-fault driver’s insurance company. Pennsylvania requires all drivers to carry liability insurance, which can cover pedestrian injuries stemming from accidents. Note, however, that limited policies may lead to negotiations or further legal action to secure adequate compensation for your damages.
Step 6: Consult an Experienced Pedestrian Accident Lawyer
The legal system can be overwhelming, especially when recovering from injuries. A qualified personal injury lawyer can:
- Help you file your claim correctly and within legal deadlines.
- Negotiate with insurance companies for a fair settlement.
- Represent your interests in court if necessary.
Types of Compensation Available
West Chester University students struck by a car may recover several types of compensation through a personal injury claim. These damages aim to address both the financial and emotional effects of the accident.
Economic Damages
Economic damages include financial losses you’ve incurred or may face in the future due to the accident. Examples include:
- Medical Expenses: Covers both immediate treatment (hospital visits, medications) and long-term care (physical therapy, surgeries).
- Lost Wages: Reimburses income lost due to missed work or the inability to perform a part-time role while recovering.
- Educational Impact: If you miss classes or exams because of your injuries, compensation could include tuition or costs associated with course withdrawal.
Non-Economic Damages
Non-economic damages are less tangible but equally significant. These include:
- Pain and Suffering: Physical discomfort and emotional trauma caused by the accident.
- Distress: Anxiety or PTSD related to crossing streets or using public areas following the incident.
- Loss of Quality of Life: If you are unable to participate in activities, such as sports or student organizations, that were previously important to you.
Punitive Damages
Punitive damages may be awarded in rare cases involving exceptionally reckless or malicious behavior. These damages punish the at-fault party to deter similar conduct in the future.
The Role of Comparative Negligence in Pennsylvania
Pennsylvania’s comparative negligence laws allow injured pedestrians to recover damages even if they were partially responsible for an accident. However, your share of the blame will reduce the compensation awarded.
For example:
- If you were found 20% responsible for the accident (e.g., by not using a marked crosswalk), your compensation would be reduced by 20%.
- If you were 51% or more at fault, you may not be eligible to recover damages.
An experienced lawyer can build a strong argument to minimize your level of fault and maximize your claim.
How Ciccarelli Law Offices Can Assist
At Ciccarelli Law Offices, we have extensive experience helping injured pedestrians in West Chester, PA, including university students, secure compensation and justice. Here’s why you can trust our team to handle your case:
1. Student-Focused Representation
We understand that college students face unique challenges when navigating legal matters. We provide compassionate guidance tailored to your needs.
2. Expertise in Pennsylvania Law
Our attorneys know Pennsylvania pedestrian laws inside-out and can leverage this expertise to strengthen your case.
3. Contingency Fee Assurance
Worried about legal fees? You don’t pay unless we win compensation for you.
4. Comprehensive Support
From gathering evidence to negotiating with insurers and taking your case to trial if needed, we handle every step of the process.
5. Proven Results for Pedestrian Accident Victims
We’ve successfully represented numerous clients in securing fair compensation for their injuries and losses, ensuring their rights are upheld.
If you’ve been struck by a car in West Chester, contact Ciccarelli Law Offices today for a free consultation.