Pedestrian Accident Attorneys in Pittsburgh

Pedestrian accidents have increased dramatically in recent years. Today, the pedestrian fatality rate is approximately 30% higher than it was just a decade ago, and pedestrian deaths as a percent of total traffic fatalities has increased from 12% to 16%. This is very disturbing news, particularly for those who have children that walk to and from bus stops or walk directly to school every day.

Whether we drive, ride our bike or motorcycle, commute, or walk to work, we are all pedestrians at one time or another. And it is when we are walking that we are most vulnerable. This is especially true when we are walking in heavy traffic areas such as downtown Pittsburgh. Crossing the street should not be a life or death event, however, and motorists have a duty to exercise reasonable caution to avoid hitting a pedestrian.

If you or someone close to you was injured or killed in a pedestrian accident, it is important to speak with an experienced attorney, so you fully understand your legal rights and options. Oftentimes, insurance companies will not want to pay you the compensation you deserve. Their interests are not aligned with yours, and in many cases, they will try to pin at least some of the blame for the accident on you in order to minimize their own losses. In situations like these, you need a skilled advocate who is looking out for your best interests.

At Caroselli, Beachler & Coleman, L.L.C., we understand the immense physical, emotional, and financial toll pedestrian accident injuries can take on victims and their families, and our goal is to make the legal process as smooth and stress-free for you as possible. We have in-depth experience handling cases like these, and we work closely with our clients to thoroughly investigate the case and explore every potential legal avenue toward recovering maximum compensation.

When you are trying to recover from a major injury, you need to focus on your own health and well-being. We will stand by your side and provide strong legal guidance and moral support during this difficult time. We deal directly with the other side, and we handle all of the complicated legal tasks. Throughout the process, we provide frequent updates on the progress of your case, and we are always available whenever you need to reach out with questions or concerns.

We are skilled litigators and strong negotiators. In many cases, it is in our client’s best interests to secure a settlement that fully and fairly compensates them for their injuries without the need to go to trial. That said, if the other side is not willing to negotiate in good faith, we are ready and able to pursue full damages through litigation.

Common Causes of Pedestrian Accidents

According to the National Highway Transportation Safety Administration (NHTSA), a pedestrian is killed every 88 minutes (on average) in the United States. And in addition to the thousands of pedestrians who lose their lives every year, another 100,000 are hospitalized for non-fatal injuries. The majority of pedestrian accidents occur at night, and more often than not, it is a motorist who is at fault.

Here are some of the most common ways a driver may cause a pedestrian accident:

• Speeding: Most drivers have exceeded the speed limit at one time or another, but for some, speeding is habitual. When someone speeds through an intersection after the light has already turned red, they risk colliding with a pedestrian who may be crossing the other way.

• Distracted Driving: Driver distraction is one of the major factors that is widely believed to be causing the increase in pedestrian accidents. Many motorists have a hard time staying off of their cell phones, and when they are too busy sending a text or doing something else on the phone, they may not see a pedestrian nearby until it is too late.

• Drunk Driving: It is well-known that intoxicated drivers have a chemically altered state of mind, and they are not able to react as quickly when various hazards arise. Drunk drivers also tend to be out most often after dark, when the risk of pedestrian crashes is at its highest.

• Drowsy Driving: Driving while drowsy or fatigued is common among those who do not get enough sleep at night or those with untreated sleep disorders. This can cause a driver to fall asleep at the wheel, resulting in disastrous consequences. And even if that does not happen, drowsy drivers have a harder time focusing and they are more likely to miss important details, such as a pedestrian crossing in front of them.

• Making a Left Turn: Many crosswalk accidents happen because a driver is too focused on navigating other vehicles in the intersection during a left turn and does not see a pedestrian that is legally crossing the street.

• Backing Up Accidents: Pedestrians are sometimes hit by vehicles that are backing up. This happens frequently in driveways, parking lots, and parking garages. Small children are the most vulnerable to back-up accidents, because drivers have a harder time seeing them.

Pedestrians are sometimes at least partially responsible for causing traffic-related accidents as well. Some ways this might happen include:

• Inattentiveness/Distractions: Motorists are not the only ones who are susceptible to distractions. Pedestrians also tend to get too focused on their smartphones and not pay enough attention to oncoming traffic.

• Illegal/Improper Crossings: A pedestrian may try to cross the street when the light is red, or they might cross in places where it is not legal or there is not a designated crosswalk.

• Intoxication: It is not illegal to be intoxicated when you are just walking and not driving, but nonetheless, intoxication can cause pedestrians to stumble, look down, not watch where they are going, and do other things that could contribute to an accident.

Can Pedestrians Recover Compensation If They Were Partially At Fault in Pennsylvania?

Understanding Shared Fault in Pennsylvania

Many pedestrian accidents happen because of mistakes made by more than one person. A driver may have been speeding, while a pedestrian may have crossed the street outside a marked crosswalk. Pennsylvania law recognizes that more than one party can share responsibility for an accident. This does not automatically prevent an injured pedestrian from seeking compensation. Instead, the circumstances of the accident are carefully reviewed to determine each person’s level of fault. 

Pennsylvania’s Comparative Negligence Rule

Pennsylvania follows a modified comparative negligence rule, which is codified in 42 Pa. Cons. Stat. § 7102. This means an injured pedestrian may still recover compensation if they were partially responsible for the accident, as long as their negligence was not greater than the negligence of the defendant or defendants. In practical terms, this means you can recover damages if you are 50 percent or less at fault. If a pedestrian is found to be 51 percent or more responsible, they generally cannot recover damages from the other party. This rule encourages a fair evaluation of the facts instead of placing all responsibility on one side. 

How Compensation Is Reduced

Being partially at fault does not necessarily eliminate a claim. According to 42 Pa. Cons. Stat. § 7102, the amount of compensation is reduced according to the pedestrian’s percentage of fault. For example, if a pedestrian is awarded $100,000 but is found to be 20 percent responsible for the accident, the final recovery would be reduced by 20 percent. In that situation, the pedestrian would receive $80,000. Each case depends on the available evidence and the specific facts surrounding the accident. 

Evidence Used to Determine Fault

Insurance companies and attorneys examine many types of evidence when deciding how fault should be divided. Police reports, witness statements, surveillance video, traffic camera footage, photographs of the accident scene, and medical records may all play important roles. Accident reconstruction professionals may also be consulted in more complicated cases. Strong evidence can help show how the collision occurred and whether the driver or pedestrian acted negligently. 

Common Situations Involving Shared Fault

A pedestrian may share some responsibility if they crossed against a traffic signal, walked while distracted by a mobile phone, or entered traffic unexpectedly. However, drivers also have a duty to remain alert, obey speed limits, and watch for pedestrians, especially near intersections, schools, and neighborhoods. Even when a pedestrian made a mistake, a driver may still bear significant responsibility if they failed to exercise reasonable care.

Pedestrian Accident Claims in Pennsylvania

Since pedestrians do not have a steel cage to protect them like vehicle drivers do, they are at much greater risk for severe and catastrophic injuries when a vehicle collides into them. And because of the seriousness of the injury suffered, the damages that can be recovered from the responsible party are more extensive.

Compensatory damages from pedestrian accident cases can be divided into two general categories:

• Economic Damages: These are direct monetary losses that the victim incurs, such as medical bills, lost wages, loss of earning capacity, and funeral and burial expenses (in the case of a wrongful death).

• Noneconomic Damages: These are losses that are real but intangible and more difficult to quantify. Examples may include pain and suffering, mental anguish, loss of enjoyment, disfigurement, personal injury, loss of consortium, and loss of comfort, guidance, and support.

In more limited cases in which the actions of the party responsible for the injury were willful or malicious, punitive damages may also be awarded. One possible example may be an accident that is caused by an intoxicated driver who has a blood alcohol concentration (BAC) of more than double the legal limit of .08%. Punitive damages are meant to “punish” the wrongdoer and help deter them and others from engaging in similarly egregious behaviors in the future.

Pennsylvania applies a modified form of the comparative negligence doctrine (with personal injury cases) in which a plaintiff can still recover damages as long as their percentage of fault in the accident does not exceed 50%. However, the plaintiff’s damage award is reduced in proportion with the percentage of fault they share.

For example, if your total losses from a crosswalk accident equaled $300,000 and you are found to be 25% at fault, your damage award would be reduced by $75,000 to a total of $225,000.

As we talked about earlier, the other side will almost certainly try to pin at least some of the blame on you for the accident, and this is why it is important to get an experienced attorney involved sooner rather than later. Retaining an attorney right away will help ensure that your right to recover full and fair compensation will be preserved.

Tips for Avoiding a Pedestrian Accident

We must all do our part to reduce the number of pedestrian accidents. Here are some tips for both pedestrians and drivers:

For Pedestrians

• Be Visible: Do everything you can to make sure you are seen by motorists who are driving nearby. If you are walking at night, wear reflective or lightly colored clothing. If you are walking during the day, wear clothing that is brightly colored. Try to walk in areas where there is plenty of lighting, and whenever possible, try to make eye contact with vehicle drivers before crossing in front of them.
• Be Alert: Be continually aware of your surroundings and watch out for vehicles, especially when you are crossing the road. Limit your cell phone use and stay focused on where you are walking, and if you are listening to music, keep the volume at a level that allows you to hear vehicles and other sounds nearby.
• Be Predictable: Know and understand the traffic laws for the area you are walking and follow them. If there is a sidewalk available, walk there instead of on the side of the road. If there is no sidewalk and you must walk on the road, stay as far to the right as you can. Cross the road only at designated crosswalks and other places where it is legal to do so and avoid illegal crossings.
• Be Sober: Approximately half of all pedestrian crashes involve alcohol, and in about one-third of these cases, it is the pedestrian who is intoxicated. Alcohol does not mix well with walking or driving, so stay safe by staying sober before you walk.

For Drivers

• Get Plenty of Rest Before Driving: Driving while drowsy or fatigued is a dangerous practice that is more common than most people realize. Make sure to have plenty of rest before you drive your vehicle – for the average adult, this ideally means getting about seven hours of sleep the night before you drive.
• Drive Safely: Follow all of the traffic laws and do not drive in an aggressive or reckless manner.
• Stay Focused on The Road: Texting and other types of electronic messaging are prohibited while you are driving. Refrain from this type of activity, and if you must make a phone call, make sure your phone is in “hands-free” mode.
• Stay Sober: As we talked about earlier, alcohol plays a role in about half of all pedestrian accidents. In two-thirds of those cases, it is the driver who is intoxicated. Drinking and driving is a criminal offense, and it is not acceptable under any circumstances. If you have been drinking, call a cab or Uber, but do not get behind the wheel.
• Be Aware of Pedestrians: As we enter the warmest months of the year, drivers need to be continually on the lookout for pedestrians. Pay particular attention to your own neighborhoods especially as there are still many people staying at home while we are trying to come out of the coronavirus pandemic.

Contact Our Skilled and Knowledgeable Pittsburgh, PA Pedestrian Accident Lawyers Today

If you or a loved one suffered injury in a pedestrian or crosswalk accident in Pennsylvania, contact Caroselli, Beachler & Coleman, L.L.C. for strong legal guidance. Call our office today at 412-391-9860 or toll free at 866-466-5789 to schedule a free and confidential consultation with a member of our legal team.