Many people enjoy walking to commute to work, take in the local scenery, or get fresh air and exercise. However, a simple stroll can turn into a life-altering accident when motorists are careless or reckless behind the wheel.
Drivers who cause injuries to pedestrians must provide full compensation to cover the victims’ losses. Even so, obtaining these payments can be difficult, as drivers and their insurance companies may attempt to shift blame or deny the extent of your losses. If you or a loved one were hit by a motor vehicle, reach out to a Bala Cynwyd pedestrian accident lawyer. A dedicated attorney at our firm can investigate the incident, explain your rights under the law, and hold negligent drivers responsible for their actions.
Crosswalk and Traffic Laws in Bala Cynwyd
Local laws require drivers to yield to people at crosswalks. Pennsylvania Consolidated Statutes, Title 75 § 3542 states that drivers must allow pedestrians to cross the street when there is no traffic control signal. Violations of this law can result in a small fine for drivers.
Proving fault for a crosswalk violation or any other traffic violation related to a collision is powerful evidence of liability. The legal concept called negligence per se means that a driver who violates the law at the time of an accident is presumably to blame for all resulting damages. A local pedestrian accident attorney can work to leverage a traffic ticket into a strong demand for compensation.
Just because it appears that a driver violated a rule of the road does not mean that success in a case is guaranteed. The same crosswalk statute also places an obligation on pedestrians to refrain from suddenly entering the road in a way that does not give a driver proper time to react. An attorney well-versed in these laws can further explain how they may impact a specific pedestrian collision case.
Comparative Negligence in Pedestrian Accident Cases
It is easy to presume that a driver is automatically to blame for a collision with a pedestrian. After all, the vehicle is unlikely to sustain heavy damage, and a driver will rarely endure any physical injuries from hitting a pedestrian. Still, every accident case in the Commonwealth must address the concept of modified comparative negligence.
Pennsylvania General Assembly Statute § 7102 creates a potential defense against liability for drivers. The statute says that courts will evaluate the actions of all people involved in an accident and assign blame based upon those actions. If a court believes that a pedestrian shares blame, it must reduce their award at trial. Defendants can use this law to their advantage in many ways. They may allege that a pedestrian:
- Failed to use a crosswalk
- Was wearing dark clothing at night
- Moved suddenly into a road or parking lot
- Was distracted by a phone call or text message
Fighting back against these allegations of shared blame is one way in which a Bala Cynwyd pedestrian accident lawyer can help. An attorney will work to obtain evidence that a driver was the sole responsible party for a collision.
Reach Out to a Bala Cynwyd Pedestrian Accident Attorney for Help
Pedestrians deserve to feel safe while crossing the street, moving on sidewalks, or traveling from their vehicles to stores or homes. Drivers have an obligation to protect pedestrians and are liable to provide compensation if their negligence results in injuries.
Hiring a Bala Cynwyd pedestrian accident lawyer to handle your case could increase your chances of proving a driver’s fault for your injuries. An attorney can advise on an effective strategy for recovering the compensation you deserve, so call today to discuss your situation.