If you or a loved one has been injured from being hit by a car, you’re likely due damages in excess of your insurance settlement. A pedestrian accident can not only be traumatizing in the moment but can also have lasting repercussions both emotionally and physically. This is why it’s essential you have an experienced personal injury attorney on your side to make sure you and your family are looked after.
Our team at Korey Leslie, Attorney-At-Law, LLC focuses on personal injury cases, and we can help you. From our office in York, Pennsylvania, we work with clients throughout the region, including Lancaster, Harrisburg, and Camp Hill. Call us today to start discussing your options for a personal injury claim following a pedestrian accident.
In any scenario when a pedestrian is hit by a car, the main objective is to determine liability. Both the driver and the pedestrian have certain safety obligations they must follow, and deciding fault can sometimes be difficult. The first thing to determine is who is protected under right of way law, and it's important to understand how this works.
Both pedestrians and cars must obey traffic signals, but when a pedestrian is crossing a street at an intersection — regardless of whether there’s a crosswalk — they have the right of way, so the car must yield. Pedestrians walking on sidewalks also have the right of way, and the car must yield to them when turning onto roads or driveways. However, if a pedestrian attempts to cross in the middle of the road (with no intersection or crosswalk) the driver has the right of way. In hazardous circumstances, such as when emergency vehicles are passing or when you’re traveling through a construction zone, both pedestrians and drivers must yield right of way.
Determining fault can be a complex task since both pedestrians and drivers must exercise reasonable caution, and either can be found liable for the accident. In some cases, both parties may share liability since Pennsylvania is what’s known as a modified comparative fault state. This means that if it’s determined the driver and the pedestrian share fault, the driver will only be responsible for covering their percentage of the damages.
A pedestrian hit by a car can seek both economic and non-economic damages through a personal injury claim. Economic damages are expenses like lost wages, medical bills, or damaged property, while non-economic damages cover pain and suffering and other intangible losses.
You have two years from the date of the incident to file a personal injury claim or a wrongful death claim for a family member who died or became permanently incapacitated as the result of the accident. While this may seem like a long amount of time, it can pass by quickly. Our firm can help you stay on top of your filings and ensure you’re submitting the strongest case possible.
If you’ve recently been in an accident, the first thing to do is seek medical attention, even if you don’t have an obvious injury. Only a licensed health professional can accurately assess your condition. You must also notify law enforcement, and the driver must notify their insurance provider as soon as possible.
After your immediate safety has been addressed, you should contact an experienced attorney like Korey Leslie, Attorney-At-Law, LLC, whether you were the victim and need to file a personal injury claim or you’re filing a wrongful death claim on behalf of a loved one. We can help with insurance settlements, investigating and organizing evidence, negotiating your claim status, and standing up for your rights.
We’ve been helping clients like you for years navigate the tricky road of insurance settlements and personal injury claims. We’re comfortable working inside and outside of a courtroom, are aggressive with claims adjusters, and will always work for the best possible outcome for you. Call Korey Leslie, Attorney-At-Law, LLC in York, Pennsylvania, today to set up an appointment.