Pedestrian Accidents

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1. Pedestrian Accidents: Know Your Rights

REVIEWED BY

C. William Kenny

September 09, 2024

Board certified by National Board of Trial Advocacy

Pedestrian Accidents: Know Your Rights

Pedestrian accidents are a significant concern in our increasingly busy streets and intersections here in Pittsburgh. These accidents can result in severe injuries or even fatalities, leaving victims and their families in a state of distress. 

Understanding your rights as a pedestrian is crucial if you ever find yourself involved in such an unfortunate situation. Here is what you need to know to protect yourself and ensure you receive the justice and compensation you deserve.

1. Understanding Pedestrian Rights

As a pedestrian, you have specific rights under the law designed to protect you.  Generally, pedestrians have the right of way at crosswalks and intersections. Drivers are required to yield to pedestrians crossing the road and to be cautious when approaching areas where pedestrians are likely to be present, such as schools and parks. 

In many states, laws mandate that drivers must stop for pedestrians in marked crosswalks, regardless of whether the pedestrian is crossing legally or not. However, even if you are not in a crosswalk, you still have some level of protection. Drivers must exercise reasonable care to avoid hitting pedestrians, especially in areas where pedestrian traffic is common.

2. What to Do Immediately After an Accident

If you are involved in a pedestrian accident, it’s important to take the following steps:

• Seek Medical Attention: Your health is the top priority. Even if you feel fine, some injuries might not be immediately apparent. Get checked by a healthcare professional as soon as possible.
• Contact Law Enforcement: File a police report to document the incident. This report can be crucial for any legal or insurance claims you pursue later.
• Gather Evidence: If you are able, collect as much information as possible. This includes taking photographs of the accident scene, obtaining contact details of witnesses and recording the details of the involved drivers.
• Do Not Admit Fault: In the aftermath of an accident, avoid making statements that could be taken as admitting fault. Even if you believe you might have been partially responsible, it is best to let the authorities and insurance companies determine liability.

3. Navigating Insurance Claims

After an accident, you will likely need to deal with insurance companies. This can be complex and overwhelming. Insurance adjusters may offer you a settlement quickly, but it is often in their best interest to minimize the amount they pay out. It is important to have a clear understanding of your medical expenses, lost wages and any long-term impacts on your life before accepting any offers.

4. Getting Legal Help

If you have been injured in a pedestrian accident, you may be entitled to compensation for medical expenses, lost wages, pain and suffering and other damages. Filing a personal injury claim can help you recover these costs. Working with an experienced personal injury attorney can significantly improve your chances of receiving fair compensation. They can navigate the legal system, negotiate with insurance companies and represent your best interests in court if necessary.

Recovering compensation after a pedestrian accident

Pedestrian accidents can be devastating, but knowing your rights and the steps to take after can make a significant difference in the outcome of your case. By doing so, you can focus on recovery while ensuring that you receive the compensation and justice you deserve. If you or a loved one have been involved in a pedestrian accident, contact the personal injury lawyers of Berger and Green for a free consultation.