Right-of-Way Laws
Pennsylvania law generally gives pedestrians the right-of-way at crosswalks and intersections. Drivers are required to yield to pedestrians in these areas, whether marked or unmarked.
Duty of Care
Both pedestrians and drivers have a duty of care to operate safely on the roads. Drivers must exercise caution and avoid behaviors such as speeding, distracted driving, and driving under the influence that could endanger pedestrians. Similarly, pedestrians should use crosswalks when available, obey traffic signals, and avoid jaywalking.
Comparative Negligence
Pennsylvania follows a comparative negligence system, which means that if both the pedestrian and the driver are found to be at fault to some degree, the damages may be apportioned based on each party’s level of fault.
Insurance Coverage
Pedestrians who are injured in accidents involving vehicles may be covered by the driver’s auto insurance policy. Additionally, pedestrians may have coverage under their own auto insurance policy or through other sources such as health insurance.
Potential Legal Action
If you’re injured in a pedestrian accident due to a driver’s negligence, you may have grounds for a personal injury lawsuit. This could allow you to seek compensation for medical expenses, lost wages, pain and suffering, and other damages.
Statute of Limitations
In Pennsylvania, there is a limited amount of time to file a personal injury lawsuit after a pedestrian accident. The statute of limitations is generally two years from the date of the accident, although there may be exceptions in certain cases.
Wrongful Death Claims
If a pedestrian is killed in an accident, their surviving family members may be able to pursue a wrongful death claim against the at-fault driver. This type of claim can seek compensation for funeral expenses, loss of income, loss of companionship, and other damages.
Overall, pedestrian accidents in Pennsylvania can have serious legal repercussions for both the injured pedestrian and the driver involved. It’s essential to understand your rights and options if you’re involved in such an accident and to consult with a qualified attorney at Caputo Law who can provide guidance and representation throughout the legal process.