Pedestrian Accidents Attorney in Scranton

Helping Pedestrian Accident Victims With Their Claims in Scranton

The NHTSA (National Highway Traffic Safety Administration) reports that in 2007, 4,654 pedestrians were killed in traffic crashes throughout the U.S., and 70,000 pedestrians were injured in traffic collisions that same year.

In Scranton, local traffic patterns and specific conditions significantly contribute to the risk of pedestrian accidents. The downtown area, especially during peak hours, is a hotspot due to high foot traffic and vehicle congestion. Scranton's reliance on older infrastructure means that not all crosswalks are adequately marked or equipped with pedestrian lights, increasing accident risks. Additionally, weather conditions, such as ice and snow common in Pennsylvania winters, further complicate pedestrian safety.

Pedestrian Rights and Driver Responsibilities in Pennsylvania

Pennsylvania law establishes a clear duty of care that motorists owe to pedestrians. Drivers are legally required to exercise due care to avoid colliding with any pedestrian. This includes yielding the right-of-way in marked and unmarked crosswalks, obeying traffic signals, and maintaining a safe speed, especially in residential areas, school zones, or business districts where pedestrians are common.

When a driver fails to uphold these responsibilities, they can be held legally and financially liable for the harm they cause. A knowledgeable Scranton pedestrian accident attorney will meticulously investigate the circumstances of your accident to prove that the driver breached their duty of care.

Common Causes of Pedestrian Accidents

Most pedestrian accidents are not unavoidable incidents; they are the direct result of driver negligence. A diligent Scranton pedestrian accident lawyer will investigate all potential causes to build a robust case.

Common causes of these collisions include:

• Distracted Driving: This is a leading cause of all traffic-related accidents. Drivers who are texting, talking on a cell phone, using a GPS, or are otherwise not paying full attention to the road are a grave danger to pedestrians.
• Failure to Yield the Right-of-Way: Many serious accidents occur at intersections and crosswalks when drivers fail to yield to pedestrians as required by law. This is particularly common when drivers are making left turns.
• Speeding and Aggressive Driving: Exceeding the speed limit or driving too fast for conditions dramatically reduces a driver's ability to stop in time to avoid a collision and significantly increases the severity of a pedestrian's injuries.
• Driving Under the Influence (DUI): Alcohol and drugs severely impair a driver's judgment, coordination, reaction time, and vision, making them incapable of operating a vehicle safely.
• Disregarding Traffic Signals: Drivers who run red lights or stop signs often cause devastating T-bone style accidents at intersections, frequently involving pedestrians who have the signal to cross.
• Poor Visibility: While not always a form of negligence, drivers have a duty to be more cautious at night, during bad weather, or in poorly lit areas. Failing to use headlights or driving too fast in low-visibility conditions can constitute negligence.

Pinpointing the specific cause of your accident is a critical first step. A knowledgeable Scranton pedestrian accident attorney will investigate all contributing factors to establish a clear case of negligence against the at-fault driver.

The Devastating Impact of Pedestrian Accidents

The injuries a pedestrian may sustain in such accidents are often severe and life-threatening. At a minimum, a pedestrian may suffer broken bones, fractures, lacerations, and "road rash" from colliding with the pavement and the vehicle. Additional trauma may include neck injuries, spinal cord injuries, head injuries, brain injuries, and more.

Disfigurement and scarring are possibilities, and extensive medical care, as well as physical therapy and continued treatment, may be required to help a pedestrian accident victim fully recover. In the face of these terrible injuries and the overwhelming medical bills that will follow, it is important that you have a lawyer to stand up for your rights and help you recover the financial compensation you not only need but deserve.

Pennsylvania's Comparative Negligence Law

Even if a driver was clearly negligent, their insurance company may try to argue that you, the pedestrian, were also partially to blame for the accident. Pennsylvania follows a "modified comparative negligence" rule (42 Pa. C.S.A. § 7102). This law can significantly impact your ability to recover compensation.

Here's how it works:

• A judge or jury will assign a percentage of fault to each party involved in the accident.
• Your total compensation award will be reduced by your percentage of fault.
• If you are found to be 51% or more at fault for the accident, you are legally barred from recovering any compensation at all.

For example, if a jury determines your total damages are $200,000 but finds that you were 20% at fault for the collision (perhaps you crossed mid-block instead of at a crosswalk), your award would be reduced by 20%, and you would receive $160,000.

Insurance companies are very familiar with this rule and often use it as a primary strategy to reduce the amount they have to pay. They may try to argue you were distracted, jaywalking, or darted out into traffic. A tenacious Scranton pedestrian accident attorney will anticipate these tactics and build a powerful case to protect you from an unfair allocation of fault.

Compensation Available in Pedestrian Accident Claims

Victims of pedestrian accidents in Pennsylvania can pursue various types of damages to cover their extensive losses. The goal is to obtain comprehensive compensation that truly reflects the profound and lasting impact of the incident.

Economic Damages: These are quantifiable financial losses, including:

• Past and future medical expenses (emergency care, hospital bills, surgeries, rehabilitation, costly medications, therapy, in-home care, specialized assistive devices, home modifications).
• Lost wages and income from all time missed at work.
• Loss of future earning capacity if your ability to work is permanently impaired or eliminated due to the injuries.
• Other out-of-pocket expenses directly related to your injury and recovery.

Non-Economic Damages: These are subjective, non-monetary losses that profoundly impact your quality of life, including:

• Pain and suffering (physical agony, chronic discomfort, emotional distress, and mental anguish).
• Loss of enjoyment of life (inability to participate in hobbies, recreational activities, social engagements, and daily routines that you once cherished).
• Permanent disfigurement and scarring.
• Physical impairment and permanent disability.
• Loss of consortium (the negative impact on your relationship with your spouse or other family members).

A thorough Scranton pedestrian accident lawyer will work diligently to identify, document, and pursue every category of damages relevant to your claim, ensuring a comprehensive recovery.

The Legal Process for a Pedestrian Accident Claim

Understanding the legal process can help you feel more prepared and in control during a difficult time.

1. Free Consultation and Case Evaluation: The process begins with a meeting with a Scranton pedestrian accident attorney from our firm. We will review the details of your crash, your injuries, and your legal options.
2. Investigation and Evidence Gathering: We will immediately begin our investigation, gathering all necessary evidence to establish negligence and liability.
3. Negotiation with the Insurance Company: Once your medical treatment is complete and we have a full understanding of your damages, we will send a demand letter to the at-fault driver's insurance company. This begins the negotiation process.
4. Filing a Lawsuit: If the insurance company refuses to offer a fair settlement, your Scranton pedestrian accident lawyer will file a personal injury lawsuit to initiate litigation.
5. Discovery: This is a formal process where both sides exchange evidence and information. This may involve depositions and other formal legal procedures.
6. Mediation and Trial: Many cases are resolved through mediation before a trial becomes necessary. If a settlement cannot be reached, your case will proceed to trial, where your Scranton pedestrian accident attorney will present your case to a jury.
7. Resolution: The case concludes either with a settlement agreement or a jury verdict.

Patrick M. Rogan Leads Our Dedicated Legal Team

Searching for a pedestrian accident attorney in Scranton? You can contact our firm for a free consultation with an attorney who has the experience and knowledge to provide valuable legal advice. Understanding your rights and options will help you make a well-informed decision about your legal counsel and your case in general.

Our firm is led by Patrick M. Rogan, a dedicated attorney who has nearly thirty years of legal experience. This, combined with his thorough understanding of pedestrian and auto accidents and general personal injury law, has enabled our firm to achieve stellar results for our clients, even in the most complex cases.

Contact a Scranton pedestrian accident lawyer at Rogan Law today to schedule a free, confidential consultation and learn how we can help you. Call (570) 906-8532 or reach out online now.

Frequently Asked Questions

What Should I Do Immediately After a Pedestrian Accident?

After a pedestrian accident, call 911, get medical help, and report the incident. If possible, gather the driver’s information, take photos of the scene, and speak with witnesses. Avoid admitting fault and contact Rogan Law quickly to protect your rights.

How Can a Lawyer Help With My Pedestrian Accident Case?

A lawyer can handle insurance companies, investigate the accident, and fight for fair compensation covering medical costs, lost wages, and pain and suffering. At Rogan Law, we focus on building strong cases and protecting our clients throughout the legal process.

How Long Do I Have to File a Pedestrian Accident Lawsuit in Pennsylvania?

Generally, Pennsylvania law gives victims two years from the date of the accident to file a lawsuit. Delays in filing could limit your right to seek compensation, so acting promptly is crucial.

What Compensation Can I Recover in a Pedestrian Accident Claim?

Victims may be entitled to compensation for medical expenses, lost income, future care needs, and emotional suffering. The exact recovery depends on the circumstances of the accident and the impact on your life.

SCHEDULE A FREE CONSULTATION