Pedestrian Accidents Attorney in Scranton

Over 30 Years Fighting for Pedestrian Accident Victims in Scranton

According to the Pennsylvania Department of Transportation, there were 3,211 crashes involving pedestrians and 184 fatalities across Pennsylvania in 2022. Pedestrians make up only 2.8% of total reported traffic crashes statewide but account for 15.6% of all traffic fatalities. Those numbers reflect the full weight of what’s at stake when a driver fails the people sharing the road on foot.

In Scranton, local conditions make the risk even more concrete. The downtown area is a pedestrian accident hotspot during peak hours, where high foot traffic collides with heavy vehicle congestion. Older infrastructure means many crosswalks aren’t adequately marked or equipped with pedestrian signals. Add Pennsylvania’s winters (ice, snow, reduced visibility), and the conditions that lead to serious pedestrian injuries are present year-round.

Pedestrian Rights & 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. That includes yielding the right-of-way in both marked and unmarked crosswalks, obeying traffic signals, and maintaining a safe speed, particularly in residential areas, school zones, and business districts where pedestrians are common.

When a driver fails these responsibilities, they can be held legally and financially liable for the harm they cause. We’ll investigate the circumstances of your accident to show the driver breached their duty of care and build the strongest possible case on your behalf.

Common Causes of Pedestrian Accidents in Scranton

Most pedestrian accidents aren’t unavoidable. They’re the direct result of driver negligence. Common causes include:

• Distracted Driving: Texting, phone calls, GPS use, or any other distraction that pulls a driver’s attention from the road puts pedestrians at serious risk.
• Failure to Yield the Right-of-Way: Accidents at intersections and crosswalks often happen when drivers don’t yield as required by law, especially during left turns.
• Speeding and Aggressive Driving: Excess speed reduces stopping distance and dramatically increases the severity of injuries when a pedestrian is struck.
• DUI: Alcohol and drugs impair judgment, coordination, reaction time, and vision, making it impossible to operate a vehicle safely.
• Disregarding Traffic Signals: Drivers who run red lights or stop signs frequently strike pedestrians who have the signal to cross.
• Poor Visibility: Driving too fast at night, in bad weather, or in poorly lit areas, or failing to use headlights, can constitute negligence even when visibility itself is the underlying hazard.

The Injuries Pedestrian Accident Victims Sustain

Pedestrians have no protection against direct vehicle impact. At a minimum, victims suffer broken bones, lacerations, and road rash from colliding with both the vehicle and the pavement. More severe trauma includes neck injuries, spinal cord injuries, and traumatic brain injuries. Permanent disfigurement and scarring are real possibilities, and many victims require extensive medical care, physical therapy, and long-term treatment before reaching any meaningful recovery.

The combination of catastrophic injury and mounting medical bills is the central crisis pedestrian accident victims face. You shouldn’t have to navigate that alone. We can stand up for your rights and pursue compensation available under the law.

How Pennsylvania’s Comparative Negligence Law Affects Your Claim

Even when a driver was clearly at fault, their insurance company will often argue that you share some of the blame. Under 42 Pa. C.S.A. § 7102, Pennsylvania follows a modified comparative negligence rule that can significantly affect how much you recover.

Here’s how it works:

• A judge or jury assigns a percentage of fault to each party.
• Your compensation is reduced proportionally by your share of fault.
• If you’re found 51% or more at fault, you’re barred from recovering anything at all.

For example, if a jury determines your total damages are $200,000 but finds you 20% at fault (perhaps for crossing mid-block rather than at a crosswalk), your award is reduced to $160,000.

Insurers know this rule well and use it aggressively. They’ll argue you were distracted, jaywalking, or stepped into traffic without warning. We anticipate those tactics and build the case to counter them before they gain traction.

Compensation Available in a Pedestrian Accident Claim

Pennsylvania pedestrian accident victims can pursue two broad categories of damages, along with a potential additional avenue if you carry your own auto insurance.

Economic Damages

These are quantifiable financial losses, including:

• Past and future medical expenses (emergency care, hospitalization, surgery, rehabilitation, medications, therapy, in-home care, and assistive devices).
• Lost wages and income for time missed at work.
• Loss of future earning capacity if your injuries permanently limit your ability to work.
• Other out-of-pocket expenses directly tied to your injury and recovery.

Non-Economic Damages

These are the losses that don’t come with a bill but are no less real, including:

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

Personal Injury Protection (PIP)

If you carry your own auto insurance, you may also be eligible to file a Personal Injury Protection (PIP) claim covering medical expenses and lost wages, depending on your specific policy. We can identify every applicable category of damages and work to make sure nothing is left on the table.

How a Pedestrian Accident Claim Works

Knowing what to expect at each stage can make a difficult process feel more manageable.

1. Free Consultation: We start by reviewing the details of your accident, your injuries, and your legal options at no cost to you.
2. Investigation and Evidence Gathering: We begin building your case immediately, collecting the evidence needed to establish negligence and liability.
3. Insurance Negotiation: Once your treatment is complete and your damages are fully documented, we send a demand letter to the at-fault driver’s insurer to open negotiations.
4. Filing a Lawsuit: If the insurer won’t offer a fair settlement, we file a personal injury lawsuit and take the case into litigation.
5. Discovery: Both sides formally exchange evidence and information, which may include depositions and other legal procedures.
6. Mediation and Trial: Many cases resolve through mediation. If yours doesn’t, we present your case to a jury.
7. Resolution: The case concludes with either a settlement agreement or a jury verdict.

Patrick M. Rogan: Experience & Court Standing That Matter

30+ Years of Personal Injury Experience

Our firm is led by Patrick M. Rogan, who brings over 30 years of legal experience in personal injury and criminal defense to every case. Attorney Rogan is admitted to practice in the Pennsylvania Supreme Court, the United States District Court for the Middle District of Pennsylvania, and the United States Third Circuit Court of Appeals. That court standing matters. When an insurer digs in and litigation becomes necessary, your case is backed by an attorney who can pursue your claim wherever it needs to go: in state court, federal court, or on appeal.

Credentials & Recognition

Attorney Rogan has received Super Lawyers recognition, holds an Avvo 10.0 rating, and is listed in the Million Dollar Advocates Forum. He is affiliated with Martindale-Hubbell, the American Association for Justice, and Trial Lawyers of America. Those credentials reflect experience in complex personal injury cases, including auto accidents and personal injury claims across northeastern Pennsylvania. We also serve Scranton’s Spanish-speaking community. Hablamos Español.

Ready to talk? Contact Rogan Law today for a free, confidential consultation. Call (570) 906-8532 or reach out online. We’re available 24/7.

Frequently Asked Questions

What Should I Do Immediately After a Pedestrian Accident?

Call 911, get medical attention, and report the incident. If you’re able, collect the driver’s information, photograph the scene, and speak with any witnesses. Don’t admit fault. Contact Rogan Law as soon as possible to protect your rights.

How Can a Lawyer Help With My Pedestrian Accident Case?

We handle the insurance companies, investigate the accident, and fight for compensation based on the full impact of your injuries: medical costs, lost wages, and pain and suffering. At Rogan Law, we focus on building strong cases and protecting our clients at every stage of the process.

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

Pennsylvania law generally gives victims two years from the date of the accident to file a lawsuit. Waiting too long can forfeit your right to seek compensation entirely, so it’s important to act promptly.

What Compensation Can I Recover in a Pedestrian Accident Claim?

You 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.

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