Pedestrian accidents are types of personal injury cases that lead to damages such as medical debt and pain and suffering. In order to seek compensation in most pedestrian accident cases, you must prove that the defendant was negligent. Call (412) 502-5804 today to speak to a Pittsburgh pedestrian accident attorney at Ogg, Murphy & Perkosky, P.C.
According to The Centers for Disease Control and Prevention, more than 7,000 pedestrians were killed in accidents with motor vehicles in 2020. Although individuals aged 65 and older accounted for approximately 17% of the US population in 2020, people in this age group accounted for 20% of all pedestrian deaths that same year.
Main Causes of Pedestrian Accidents
Pedestrians are advised to obey traffic signs and signals, use sidewalks whenever they are available, wear bright clothing, especially at night, walk while facing traffic and as far from traffic as possible whenever a sidewalk isn’t available. Despite taking precautions, pedestrians still get hurt. Failure to yield the right of way, speeding, rolling stops, and poor visibility are among some of the most common causes of collisions with bikers, runners, hikers, and others using the roadway on foot.
Distracted drivers do not pay attention to the road or the speed limit. There are three types of distracted driving:
- Manual: Taking hands off the wheel and not being in full control of the car, such as when reaching to grab something in the passenger seat or changing radio dials
- Cognitive: When the driver’s mind is on something else, like something bad that happened at work
- Visual: When a driver looks away from the road
In 2019, about 1 in 5 people who died in distracted driving crashes were pedestrians. Texting, eating, applying makeup, or talking with other passengers in the vehicle are types of distractions that lead to pedestrian accidents.
Intoxicated drivers are a threat to pedestrians’ safety. Alcohol inhibits the parasympathetic nervous system and leads to drowsiness, relaxed muscles that control the eyes, a decrease in peripheral vision, reduced concentration, and reduced reaction time. It also leads to a lack of coordination and balance. In 2019 13% of pedestrian accidents that led to death involved a driver with a blood alcohol concentration (BAC) over 0.08%.
Common Injuries Sustained by Pedestrians in Accidents
Pedestrian accidents lead to severe injuries that often result in high medical bills.
Broken bones require a cast, and sometimes surgery is required to heal the bone, followed by months of physical therapy. The most common fractures occur in the femurs, pelvis, arms, and wrists. Wearing a helmet can protect the skull and jaw.
Road rash is a type of friction burn where the skin scrapes against asphalt or another rough surface. It can be mild yet painful,or can lead to critical injuries, a high risk of infection, and permanent scarring.
Spinal cord injuries, traumatic brain injuries, and permanent disability change the life of the victim. These injuries are caused by the impact of the car to the body or when the pedestrian falls to the ground or hits an object while falling, such as a curb. The fall can lead to bone fractures, spinal cord damage, and slipped or ruptured discs. The victim also suffers injuries to the head that can either fracture the skull or cause the brain to hit the inside walls of the skull or both. These injuries result in hematomas, hypoxic/anoxic brain injuries, concussions, diffuse axonal injuries, and contusions on the brain.
Who is liable for a Pedestrian Accident?
In order to win damages, your Pittsburgh pedestrian accident lawyer must prove:
- The defendant owed you a duty of care. Drivers have a duty to obey state laws and to drive sober and cautiously.
- The defendant breached the duty of care.
- The at-fault party’s negligence directly caused your injuries. For example, if the driver was speeding or texting at the time of the accident.
- You suffered injuries and financial losses as a result of their negligence.
However, in some cases, pedestrians are partially responsible for causing an accident. Pedestrians must obey all traffic laws and use caution when walking, jogging, or biking. Suppose a Pittsburgh pedestrian was inattentive or distracted at the time of the accident, jaywalking, or inebriated. In that case, they can be held liable for their damages and causing the accident.
How Can an Attorney Help?
If you have been injured by a careless or negligent driver, then a Pittsburgh pedestrian accident lawyer from Ogg, Murphy & Perkosky, P.C can help you get the maximum compensation possible. We conduct an investigation into your accident to establish liability. We collect evidence from the scene of the accident, witness testimony, expert witness testimony, and security footage if your accident happened near a shop or home with a security camera that captured the event.
Below are common questions our Pittsburgh pedestrian accident lawyers receive.
What is the average personal injury settlement amount?
One of the issues with this question is that there is no database in existence that collects information on how much each client receives in their personal injury settlement or awards by jury trial. However, when you schedule your free consultation with one of our Pittsburgh personal injury lawyers, we can tell you about our track record of success with pedestrian accident cases and the average settlement we have won for victims of Pittsburgh pedestrian accidents. We can also tell you the average length of time our law firm takes to settle personal injury claims.
What is my responsibility in my personal injury claim?
Your attorney is your advocate and on your side. They can take the stress off your shoulders of dealing with your personal injury lawsuit, but you can be of great help when you provide them with mail and other communications you have received from third parties regarding your case. Also, avoid discussing your case on social media since the insurance companies can use your posts against you. The attorneys at Ogg, Murphy & Perkosky, P.C. are here to be your guides through your injury claim process and will communicate with you regularly on the status of your case.
Where do most pedestrian accidents occur?
Research has shown that most pedestrian accidents occur in urban areas and at night. Some of the most common areas where pedestrian accidents occur include:
- The side or shoulder of the road
- Parking lanes/zones
- Bicycle lanes
- Medians/crossing islands
- Driveway accesses
- Shared-use paths/trails
- Non-traffic way areas
What types of damages am I eligible to receive in my Pittsburgh pedestrian accident case?
Pedestrian accident victims can receive economic damages, non-economic damages, and punitive damages in their Pittsburgh personal injury claim. These are paid out by the at-fault driver’s insurance company.
Economic losses include your financial losses, such as your medical bills, lost wages, future lost earning potential, damaged vehicle, and other out-of-pocket expenses. Your Pittsburgh pedestrian accident lawyer will fight for you to receive fair compensation for your financial losses.
Non-economic damages, such as pain and suffering, compensate an injured pedestrian for subjective, non-pecuniary damages. Emotional distress, mental anguish, permanent disfigurement or scarring, post-traumatic stress disorder (PTSD), and loss of enjoyment of life are other non-economic damages.
Punitive damages may also be awarded if the at-fault driver was driving in a reckless manner. Aggressive drivers, drunk drivers, or drivers under the influence of drugs may be subject to punitive damages. Punitive damages are awarded to victims of pedestrian accidents to punish the defendant or deter the defendant and others from engaging in similar conduct in the future.
What should I do after a Pittsburgh pedestrian accident?
These are the steps you should take if you are hit by a car:
- Call 911: Immediately call the authorities or have a witness call for you if you are unable to after the car accident.
- Exchange information with the driver: Exchange names, addresses, email addresses and phone numbers with each other, and you should also get the driver’s car insurance information and driver’s license number.
- You should also get the contact information of any witnesses, as their testimony may be useful later in your pedestrian accident case.
- Seek medical attention: Go to the nearest emergency room to be assessed for injuries.
- Contact a Pittsburgh pedestrian accident lawyer: Do not contact the insurance company before talking to us. If you’ve been injured due to somebody else’s negligence, the auto insurer may take advantage of your lack of legal knowledge or misconstrue your words to make you sound more liable than you actually are.
Call Our Pittsburgh Pedestrian Accident Lawyers Now
Our pedestrian accident attorneys are determined to provide Pittsburgh victims with the tenacious advocacy they need to recover damages for their serious injuries. We begin the litigation process by bringing you in for a free consultation with a Pittsburgh pedestrian accident attorney to give you an overview of how we will investigate your claim and how we communicate with you to keep you apprised of your case’s developments. Call Ogg, Murphy & Perkosky, P.C at (412) 502-5804 today about your pedestrian accident case.