Coatesville Pedestrian Accident Lawyer

A pedestrian accident can leave victims with life-altering injuries and overwhelming medical expenses. If you were struck by a negligent driver, the dedicated pedestrian accident lawyers at Kingbird Legal in Coatesville are ready to fight for your rights. We will work to hold the responsible party accountable and secure the compensation you need to recover. Call 484-289-4880 for a free consultation, and let’s discuss your legal options today.

Can You File a Claim for a Pedestrian Accident if You Share Some Fault

Pedestrian accidents can result in serious injuries, from broken bones to traumatic brain injuries. Being struck by a motor vehicle while walking on the road is a frightening experience, and recovering from these injuries can be overwhelming. One of the questions that often arises after a pedestrian accident is whether you can still file a claim if you were partially at fault for the incident. The answer is complex, but it’s important to understand the legal concepts involved to make informed decisions moving forward.

In Pennsylvania, as in many other states, the legal concept of “comparative negligence” plays a significant role when determining fault in accidents. This means that if you are partially at fault for an accident, you may still be able to file a claim and potentially recover compensation. However, the degree to which you were responsible will affect the amount of damages you can recover.

Understanding Comparative Negligence in Pennsylvania

Pennsylvania follows a “modified comparative negligence” rule. This means that if you were partially at fault in a pedestrian accident, you can still seek compensation for your injuries, but your damages will be reduced by your percentage of fault. The key detail is that your degree of fault must be less than 51% for you to be eligible for compensation. If you are found to be 51% or more at fault, you would not be able to recover any damages.

For example, if a pedestrian is walking outside of a crosswalk, and a driver hits them, the pedestrian may be found partially at fault for not crossing in a designated area. If the pedestrian’s fault is determined to be 30%, and their total damages are calculated at $100,000, they could still recover 70% of that amount, which is $70,000. If the pedestrian were found to be 51% or more at fault, they would not receive any compensation, regardless of their injuries.

Common Scenarios Where Pedestrians Are Partially at Fault

There are various circumstances where a pedestrian might be found partially at fault in an accident. Some of the most common include:

Jaywalking: When a pedestrian crosses the street outside of a crosswalk or against a traffic signal, they can be found partially responsible for the accident.
Disregarding Traffic Signals: If a pedestrian crosses the street despite a “Do Not Walk” signal or ignores other traffic controls, they could be considered partially at fault.
Walking While Distracted: Pedestrians who are texting, talking on their phone, or otherwise distracted while walking may not be paying attention to traffic signals or vehicles, which could contribute to an accident.
Entering the Road Suddenly: If a pedestrian steps into the street without giving the driver enough time to react, even if they are in a crosswalk, they could be partially responsible for the accident.

Even if you were partially at fault in any of these situations, it doesn’t mean you lose your right to seek compensation for your injuries. It’s important to work with an experienced attorney who can help argue your case and demonstrate how the driver’s negligence contributed to the accident.

Driver Negligence and Its Impact on Your Case

In pedestrian accident claims, drivers are typically held to a high standard of care. Drivers have a duty to be aware of pedestrians, especially in areas where foot traffic is common. If a driver was speeding, distracted, or violated traffic laws (such as failing to yield to a pedestrian in a crosswalk), their actions could be considered negligent, and this could significantly affect your case, even if you were partially at fault.

For example, if you were jaywalking but the driver was speeding and failed to notice you in time, their actions could still contribute largely to the accident. The courts would weigh the driver’s negligence against your own to determine a fair settlement or compensation.

The Role of Insurance Companies

When you file a pedestrian accident claim, your first interaction will likely be with the insurance company of the at-fault driver. Insurance companies are in the business of minimizing payouts, and they may try to shift blame onto you to reduce the amount of compensation they must pay. They might argue that your actions contributed to the accident, even if you bear minimal fault.

This is where a lawyer can be invaluable. An attorney can investigate the circumstances surrounding the accident, gather evidence such as traffic camera footage, witness statements, and expert opinions, and present a case that demonstrates the driver’s responsibility. Your lawyer can help negotiate with the insurance company and ensure that your claim is handled fairly, regardless of your partial fault.

How Fault Is Determined

Several factors are considered when determining fault in a pedestrian accident. These include:

Witness Testimonies: Eyewitness accounts can be crucial in determining fault. Witnesses may be able to provide important details that clarify how the accident occurred and who was primarily responsible.
Traffic Laws and Signals: If the accident occurred in a crosswalk, the presence of traffic signals and whether they were obeyed can influence who is considered at fault.
Police Reports: When the police arrive at the scene, they often file a report that includes their observations and findings. While a police report is not definitive, it can be a key piece of evidence when determining fault.
Reconstruction of the Accident: In some cases, an accident reconstruction expert may be hired to analyze the details of the crash and determine how it occurred. This could include looking at the speed of the vehicle, the pedestrian’s movements, and other factors.
Physical Evidence: Skid marks, vehicle damage, or the location of the pedestrian’s injuries can provide important information about the dynamics of the crash.

Why It’s Important to Consult with a Personal Injury Lawyer

If you are involved in a pedestrian accident, especially one where you may share some fault, it’s highly advisable to consult with an experienced personal injury lawyer. Insurance companies may try to minimize their liability, and determining fault can be a complicated process.

A lawyer can help ensure that all relevant factors are considered and that you receive the compensation you deserve. They will also handle the legal complexities of your case, including negotiating with insurance companies and gathering evidence. With legal representation, you are more likely to secure a fair settlement, even if you are partially at fault for the accident.

Protect Your Rights with a Pedestrian Accident Attorney

Yes, you can file a claim for a pedestrian accident in Pennsylvania even if you are partially at fault, as long as your degree of fault is 50% or less. Under Pennsylvania’s modified comparative negligence rule, you can still recover compensation for your injuries, but the amount will be reduced based on your percentage of fault.

If you’ve been struck by a negligent driver, you deserve strong legal representation. At Kingbird Legal, our experienced pedestrian accident attorneys in Coatesville will fight to hold reckless drivers accountable and ensure you receive the financial support you need. Don’t wait to take action—call 484-289-4880 for a free consultation, and let us help you on your path to recovery.