Legal Rights of Pedestrians in Mid-Block Crossing Accidents in Pittsburgh

Navigating the bustling streets of Pittsburgh, pedestrians and drivers share the roadways. While marked crosswalks are designated for safe passage, mid-block crossings — those outside of a marked intersection — are a common occurrence. When pedestrian accidents happen in such scenarios, the legal landscape can become complex, leaving injured pedestrians with many questions about their rights and potential avenues for compensation.

Understanding Pedestrian Rights and Responsibilities

In Pittsburgh, pedestrians generally have the right-of-way when they are within a marked crosswalk or an unmarked crosswalk at an intersection. However, when a pedestrian crosses mid-block, outside of these designated areas, their rights and responsibilities change. This does not mean they automatically forfeit all legal protections if an accident occurs. Drivers still owe a duty of care to all individuals on the road, including pedestrians who may be crossing mid-block. This duty requires drivers to operate their vehicles safely, be attentive to their surroundings, and take reasonable precautions to avoid collisions.

Pedestrians also have responsibilities, such as exercising due care for their own safety. This might include looking both ways before crossing, avoiding distractions, and not suddenly stepping into the path of an oncoming vehicle. The law aims to determine whether either party’s negligence contributed to the accident.

Factors Determining Liability in Mid-Block Pedestrian Accidents

Establishing liability in a mid-block pedestrian accident often involves a detailed examination of several key factors. Unlike accidents in marked crosswalks, where the driver’s liability might be more straightforward, mid-block incidents require a deeper dive into the specific circumstances.

Some common factors that courts and insurance companies consider include:

• Driver’s Actions: Was the driver speeding? Were they distracted by a cell phone or other device? Were they under the influence of drugs or alcohol? Did they fail to yield the right-of-way when a pedestrian was visible and had sufficient time to cross safely? Did they disregard traffic signals or signs? Did they fail to maintain control of their vehicle?
• Pedestrian’s Actions: Did the pedestrian dart into traffic without warning? Were they distracted by a cell phone? Were they intoxicated? Did they cross against a “Don’t Walk” signal if one was present for a nearby intersection?
• Visibility: What were the lighting conditions at the time of the accident? Was it daytime, nighttime, dusk, or dawn? Were there any obstructions to either the driver’s or pedestrian’s view, such as parked cars, bushes, or buildings? Was the pedestrian wearing dark clothing at night?
• Road Conditions: Were there any road hazards, such as potholes or debris, that contributed to the accident? What was the weather like – rain, snow, or clear?
• Traffic Laws and Ordinances: Were there any specific local ordinances regarding mid-block crossings in that area? Did either party violate any applicable traffic laws?

The Pittsburgh Motor Vehicle Code outlines various duties for both drivers and pedestrians, and a violation of these duties can be a significant factor in determining fault. For instance, drivers are generally required to drive at safe speeds and be prepared for unexpected situations. Pedestrians are expected to avoid sudden movements into traffic.

Common Injuries Sustained in Pedestrian Accidents

Pedestrians are incredibly vulnerable in collisions with motor vehicles. Unlike occupants of a car or truck, they have no protective shell around them. As a result, injuries from pedestrian accidents are often severe and can be life-altering.

Common injuries include:

• Head and Brain Injuries: Concussions, traumatic brain injuries (TBIs), skull fractures, and internal bleeding. These injuries can lead to long-term cognitive impairments, memory problems, and personality changes.
• Spinal Cord Injuries: Fractures to vertebrae, herniated discs, and spinal cord damage, potentially leading to paralysis or significant mobility issues.
• Broken Bones and Fractures: Legs, arms, pelvis, and ribs are frequently fractured due to the direct impact or from being thrown onto the pavement.
• Internal Injuries: Organ damage, internal bleeding, and ruptured spleens or livers, which may not be immediately apparent but can be life-threatening.
• Soft Tissue Injuries: Whiplash, sprains, strains, and tears to ligaments, tendons, and muscles. These can cause chronic pain and limited range of motion.
• Lacerations and Abrasions: Deep cuts and severe road rash that can lead to infections and permanent scarring.

The severity of these injuries highlights the importance of seeking medical attention immediately after a pedestrian accident. Even seemingly minor injuries can worsen over time or mask more serious underlying conditions. Prompt medical evaluation ensures proper diagnosis and treatment, which is vital for recovery and also serves to document the extent of the injuries for a legal claim.

Steps to Take After a Mid-Block Pedestrian Accident

The moments following a pedestrian accident can be chaotic and frightening. Taking the right steps immediately after the incident can be beneficial for your health and any potential legal claim.

• Seek Medical Attention: Your health is the top priority. Even if you feel uninjured, or only have minor pain, get checked by a medical professional as soon as possible. Some serious injuries, like concussions or internal bleeding, may not show symptoms immediately. A prompt medical evaluation ensures that all injuries are documented and treated.
• Contact the Police: Report the accident to the local police department. They will create an official accident report, which can be a vital piece of evidence for your claim.
• Gather Information: If you are able, collect contact and insurance information from the driver involved. Also, try to get names and contact details of any witnesses. Take photos of the accident scene, including vehicle damage, your injuries, traffic signs, and road conditions.
• Do Not Admit Fault: Avoid making any statements that could be interpreted as admitting fault, even if you are unsure about what happened. Do not apologize to the driver or discuss the details of the accident with anyone other than the police or your attorney.
• Preserve Evidence: Keep all medical records, bills, and any documentation related to your injuries and treatment. If your clothing or personal belongings were damaged, keep them as well.
• Contact an Attorney: Consult with an attorney experienced in pedestrian accident cases as soon as you are able. They can advise you on your legal rights, help you navigate the claims process, and ensure your interests are protected.

Damages Recoverable in a Pedestrian Accident Claim

If you have been injured in a mid-block pedestrian accident due to someone else’s negligence, you may be entitled to recover various types of damages. These damages aim to compensate you for the losses you have incurred as a result of the accident.

Common categories of damages include:

• Medical Expenses: This covers all past and future medical treatment related to your injuries, including emergency room visits, hospital stays, surgeries, doctor appointments, prescription medications, physical therapy, rehabilitation, and assistive devices.
• Lost Wages: If your injuries prevent you from working, you can seek compensation for the income you have lost and any future earning capacity you may have diminished due to the accident. This includes not only your regular salary but also bonuses, commissions, and benefits.
• Pain and Suffering: This compensates you for the physical pain, emotional distress, discomfort, and mental anguish caused by your injuries. This is a subjective category, and its value depends on the severity and duration of your pain, as well as its impact on your daily life.
• Loss of Enjoyment of Life: If your injuries prevent you from participating in activities or hobbies you once enjoyed, you may be compensated for this loss.
• Scarring and Disfigurement: Compensation for permanent scars, disfigurement, or other physical alterations resulting from the accident.
• Property Damage: While less common for pedestrians, if any personal property was damaged in the accident (e.g., cell phone, eyeglasses), you may be able to recover costs for repair or replacement.
• Punitive Damages: In rare cases, if the at-fault driver’s conduct was particularly egregious, reckless, or intentional, punitive damages may be awarded. These are not meant to compensate the victim but rather to punish the wrongdoer and deter similar conduct in the future.

The goal of a personal injury claim is to make the injured party “whole” again, as much as possible, by providing financial compensation for all damages suffered.

Dealing with Insurance Companies After a Pedestrian Accident

Navigating discussions with insurance companies after a pedestrian accident can be challenging. Insurance adjusters are trained to minimize payouts, and anything you say can potentially be used against your claim.

Here are some points to consider:

• Be Cautious with Statements: Avoid giving recorded statements to the at-fault driver’s insurance company without consulting your attorney. You are not obligated to do so, and such statements can be used to undervalue or deny your claim.
• Do Not Accept Early Settlement Offers: Insurance companies may offer a quick settlement soon after the accident, especially if your injuries don’t seem severe at first. These offers are often far less than the actual value of your claim, as the full extent of your injuries and their long-term impact may not yet be known.
• Provide Limited Information: You should provide basic information about the accident, but avoid discussing fault or the specific details of your injuries. Refer all detailed inquiries to your attorney.
• Keep Records: Maintain meticulous records of all communications with insurance companies, including dates, times, names of individuals you spoke with, and a summary of the conversation.
• Focus on Documentation: Insurance companies place a high value on documented evidence. Ensure you have comprehensive medical records, accident reports, witness statements, and any other evidence that supports your claim. Gaps in medical care can be used by insurance companies to argue that your injuries were not caused by the accident.

An attorney can handle all communications with insurance companies on your behalf, protecting you from common tactics used to reduce settlement amounts.

The Role of Legal Representation in Pedestrian Accident Claims

An attorney specializing in pedestrian accidents can be an invaluable asset in navigating the complexities of your claim. Their experience and knowledge of personal injury law can significantly impact the outcome of your case.

Here’s how an attorney can assist:

• Investigating the Accident: Attorneys conduct thorough investigations to gather evidence, including police reports, witness statements, medical records, surveillance footage, and accident reconstruction analysis. This helps establish liability and build a strong case.
• Determining Damages: They assess the full extent of your damages, including current and future medical expenses, lost wages, and pain and suffering, ensuring that no potential compensation is overlooked.
• Negotiating with Insurance Companies: Attorneys handle all communications and negotiations with insurance adjusters, advocating for your rights and working to achieve a fair settlement. They can counter lowball offers and address any arguments made by the insurance company to deny or minimize your claim.
• Filing a Lawsuit: If a fair settlement cannot be reached through negotiation, your attorney can prepare and file a personal injury lawsuit on your behalf. They will guide you through the litigation process, including discovery, depositions, and potentially a trial.
• Navigating Comparative Negligence: Given Pittsburgh comparative negligence rule, an attorney can work to minimize any fault attributed to you, thereby maximizing your potential recovery. They can present evidence that highlights the driver’s negligence and diminishes any claims of your own contributory negligence.
• Ensuring Timeliness: There are strict deadlines, known as statutes of limitations, for filing personal injury claims. An attorney ensures that all necessary paperwork is filed within these timeframes, preserving your right to pursue compensation.

Seeking professional legal help after a mid-block pedestrian accident is a step that protects your health and makes it easier to pursue the compensation you need during a challenging time.

Pittsburgh Mid-Block Pedestrian Accident? We’re Here to Help.

If you or a loved one has been injured in a mid-block pedestrian accident in Pittsburgh, the team at Caroselli, Beachler & Coleman is here to help you determine your next steps. Contact us online or call us at 866-565-4949 to discuss your case with our experienced attorneys.