PEDESTRAIN ACCIDENTS LAW PENNSYLVANIA
A pedestrian accident is when a motor vehicle hits somebody that is on foot. Despite a pedestrians choice of route or precautions or lack thereof, a driver is responsible to watch out for and avoid pedestrians. Philadelphia’s intersections are some of the most dangerous in the country.
Pedestrian accidents are the most likely of all the motor vehicle accidents to cause death or catastrophic injuries. Catastrophic injuries are injuries such as brain injuries, spinal cord injuries or any other physically disabling injury that will require lifelong medical care.
A driver of a motor vehicle who strikes a pedestrian is liable, when the driver can be shown to have; failed to exercise reasonable caution, failed obey traffic laws, or has acted in a negligent fashion. A pedestrian who has been injured by a liable driver has the right to seek monetary damages to compensate them for their:
- Medical expenses,
- Lost wages,
- Lost future income,
- Physical injuries,
- Physical and/or mental impairment,
- Pain and suffering.
In the state of Pennsylvania a pedestrian accident is considered full tort, regardless of the coverage maintained on the victim’s own auto insurance policy. If the driver guilty of striking a pedestrian, is uninsured, or if the pedestrian was struck as part of a hit-and-run, the victim’s own policy of insurance is relied upon, along with their uninsured and underinsured coverage. Should the pedestrian not have auto insurance coverage then there claims are assigned to the Pennsylvania Assigned Risk program.
Free Legal Consultation
Michael N. Kotik, Esq. (PA, NJ)