If a Pennsylvania driver hits you with their vehicle while you are walking, you may be able to hold the motorist liable for your medical care, lost wages, and other accident-related expenses. If you can show they were at fault for the accident and your injuries, you can file an insurance claim or file a lawsuit to collect compensation.
What Are My Options for Getting Compensation After a Pedestrian Accident?
When a driver hits a pedestrian with their car, there is a good chance they violated traffic laws or other best practices. This is true no matter if the accident occurred in a crosswalk, on a sidewalk, in a parking lot, or on a public road. When a driver violates a law or acts unreasonably and causes you to suffer injuries, you have the right to hold them financially responsible for your damages.
There are two ways we can help our clients recover compensation from the drivers who hit them:
- File an insurance claim based on their auto insurance liability policy; or
- File a personal injury lawsuit against them in civil court.
Most commonly, we can settle these claims without having to go to court. We file an insurance claim with the driver’s auto liability policy insurer and try to negotiate an aggressive settlement based on the full value of your expenses and losses.
Only occasionally do we need to litigate a car accident or pedestrian accident case. However, we are not afraid to take your case to court and fight for the full payout you need and deserve. We will represent you to the Judge and jury, and ask the court to award you the damages you deserve based on the facts of your accident.
How Do I Prove Fault and Build a Case Against the At-Fault Motorist?
We can only recover compensation for your damages if we can prove the motorist acted negligently and caused your injuries. To this end, we will fully investigate your accident and look for evidence to prove the four elements of negligence. These are:
- The driver had a duty to act in a certain way to keep pedestrians like you safe, such as looking behind their vehicle before backing out;
- They failed to keep you safe from harm;
- Their failure caused the accident; and
- You suffered physical injuries and financial damages in the crash.
To prove your claim, we will:
- Get the police report and other documents relating to the accident;
- Identify and collect all evidence;
- Interview witnesses;
- Send a survey team to document the accident site;
- Work with accident reconstruction specialists;
- Analyze your medical records and discuss your prognosis with experts; and
- Collect receipts, bills, and other paperwork to prove your damages.
We will also manage all aspects of your insurance claim or lawsuit. This includes protecting your right to compensation by talking with the insurance company on your behalf and ensuring we meet all applicable deadlines.
After we complete the investigation and have a solid foundation to file your claim, we will send a demand letter to the insurance company. This letter will outline the driver’s role in causing your accident and injuries and provide evidence of your damages. It will also demand a payout to compensate you for your full range of damages. This usually triggers settlement negotiations, where we will attempt to reach a fair settlement for you. If the insurance company refuses, we can pursue a civil suit against the driver.
What Damages Are Available in a Winning Pedestrian Accident Claim?
The types of damages and amount of compensation available in a winning pedestrian accident case depend on the nature and severity of your injuries and the value of your expenses and losses.
While we cannot give you an estimated range for your payout until we understand all aspects of your case, some of the types of damages we may be able to recover include:
- Medical expenses;
- Lost wages;
- Future lost income;
- Repair or replacement of any personal property;
- Miscellaneous out-of-pocket costs; and
- Compensation for pain and suffering.
If you played a small part in causing your crash, you can still receive partial damages. Under the state’s contributory negligence law, you can request compensation—as long as the driver bears most of the blame for your injuries.
How Can I Talk to a Pedestrian Accident Attorney About My Injuries?
If you suffered injuries in a car-versus-pedestrian accident, the lawyers from Berger and Green may be able to help you recover compensation to pay for your accident-related expenses and losses. We offer free case reviews and will handle valid cases on contingency.
Call us today at 412-661-1400 to talk to a member of our team about your case for free.