Pedestrians are vulnerable, plain and simple. Sharing the roadways with cars, bicycles, trucks, and motorcycles can be dangerous when the only protection you have is the clothing on your back, and when pedestrians are involved in accidents, they can suffer major injuries or even fatal injuries as a result. If you were hurt in an accident while walking and want to talk about building a legal case with a pedestrian accident attorney in Allentown, the personal injury litigation experts at the Law Offices of Greg Prosmushkin, P.C. are available for a free consultation.
After the accident happens
What should you do after being involved in a pedestrian accident? You need to:
- Get medical care right away, even if you think your injuries are minor. A medical health professional is qualified to evaluate your condition and treat injuries.
- Once your medical condition is declared stable, take steps to document the accident and your injuries. Photograph injuries, make copies of medical bills related to injury treatment, and create a timeline of the chain of events immediately prior to and just after the accident.
- Call a local attorney who specializes in pedestrian accident injury litigation to talk about taking legal action.
Sadly, pedestrians cannot count on motorists to be careful and attentive, so it is important that they take the reins of promoting safe walking into their own hands. Although not all pedestrian accidents can be prevented, using these tips you can help make your walks that much safer:
- Wear bright or reflective clothing when walking after dark or in poor visibility conditions
- Consider using a headlamp or carrying a flashlight when walking at night
- Cross at crosswalks wherever possible and avoid jaywalking
- Use pedestrian easements such as sidewalks rather than walking in roadways whenever possible
- Avoid playing loud music in earbuds while walking so you can be more alert to the sounds of cars around you
Pedestrian accident facts
According to data released by the National Highway Traffic Safety Administration, more than 5,300 pedestrians were killed in road accidents during 2015, and as many as 70,000 people are estimated to have been injured in pedestrian accidents that same year. The third-leading cause of pedestrian injury is motor vehicle accidents, but pedestrians are hurt most often by trip accidents, including accidents involving tripping on cracked or uneven sidewalks.
FAQs for Allentown Pedestrian Accident Attorney
Pedestrian accidents in Pennsylvania have been on the rise in recent years. According to a report released by the Governors Highway Safety Association, Pennsylvania saw a 41 percent uptick in the number of pedestrian deaths in the first half of 2018 compared to the same period in 2017.
Nationwide, pedestrian fatalities nearly doubled between 2009 and 2016. In 2016 alone, more than 6,000 pedestrians were killed after being hit by vehicles all across the U.S. Interestingly, nearly 42 percent of all pedestrian crashes occurred while the pedestrian was entering or crossing an intersection, mid-block, or driveway.
Despite what seems to be a national epidemic, many people are being kept in the dark about their pedestrian rights. Speak with an Allentown pedestrian accident attorney to discuss your case, but before you do, become familiar with the basics of Pennsylvania law regarding pedestrian accidents.
Who Will Pay My Medical Bills After a Pedestrian Accident if I Don’t Have Health Insurance?
Nearly 30 million U.S. citizens do not have health insurance, which means the likelihood of a pedestrian with no health insurance being struck by a vehicle while entering or crossing an intersection or crosswalk is quite high.
Depending on several factors, including whose fault caused or contributed to the collision and the extent of your pedestrian accident injury, it could go either way:
- You will pay your medical bills out of pocket or by tapping into your savings if you do not have any health insurance; or
- You might be entitled to compensation from the at-fault motorist if you can prove his or her negligence.
If you purchased Personal Injury Protection (PIP) coverage, then you might be able to use this coverage to pay for medical expenses. Once you exhaust your PIP coverage limit, you might be able to file a claim against the at-fault party’s insurance company to recover additional damages.
What to Do if the Motorist Who Hit Me Has No Insurance or Fled the Scene?
Unfortunately, hit-and-run pedestrian accidents are quite common across the United States. According to the National Highway Traffic Safety Administration (NHTSA), about one in five pedestrian fatalities are caused by a hit-and-run motorist.
Also, about one in eight drivers in the U.S. are not insured, which means the risk of being struck by an uninsured motorist is quite high, too. If you have Personal Injury Protection (PIP) or Uninsured/Underinsured Motorist (UIM) coverage, you could seek compensation through these types of coverage.
If you do not carry insurance coverage that would cover your damages and losses in the event of a hit-and-run collision or pedestrian accident caused by an uninsured driver, get legal help from an Allentown pedestrian accident lawyer.
What’s the Difference Between Limited and Full Tort in Pennsylvania?
If you were struck by a motorist in Allentown or elsewhere in Pennsylvania, you need to understand what sets full tort apart from limited tort.
As its name implies, limited tort limits your ability to pursue legal action in the event of a crash. Full tort, meanwhile, allows you to pursue monetary compensation regardless of the extent and severity of your pedestrian accident injury.
However, there are exceptions where you get the benefits of full tort even if you have limited tort on your insurance policy:
- You were hit by a motorist operating a vehicle under the influence of alcohol;
- You are a pedestrian who was struck by a vehicle;
- The at-fault motorist’s vehicle is registered out of state;
- You were in a commercial vehicle at the time of the collision;
- You were riding as a passenger with your spouse or another relative who has full tort;
- The motorist is not insured; and/or
- Your crash resulted in death, disability, disfigurement, or permanent impairment of a bodily function.
Recovering damages after being struck by a vehicle without an Allentown pedestrian accident attorney can feel like an uphill battle.
We can assist injured pedestrians
If you need a pedestrian accident attorney in Allentown, the Law Offices of Greg Prosmushkin, P.C. can help you file a claim in civil court. We specialize in handling personal injury cases, and we are passionate about helping injured pedestrians get justice when they were hurt through another person’s negligence. We can assist you with seeking the recovery of damages in court in an effort to get you the cash compensation you deserve as an accident victim, and we will work hard to get you every last dime you are entitled to under the law. Contact us today for a free case assessment.