Pedestrian accidents are the most frequent type of auto accident that occurs in Pennsylvania, with thousands of injuries and hundreds of deaths. One of the reasons is because pedestrian accidents can occur anywhere, at any time, and to anyone.
If you live in Pennsylvania, understanding your legal rights when you are involved in a pedestrian accident is important. If you or a loved one were involved in a pedestrian accident in Pennsylvania, here are answers to some common questions that will help.
Pedestrian accidents often leave victims with injuries such as broken bones and spinal injuries. “Merely diagnosing these injuries costs a lot of money, not to mention treating them, which may lead to expensive surgeries,” says personal injury attorney Jeffrey P. Lowenthal of Lowenthal & Abrams, Injury Attorneys. Thankfully, Pennsylvania law protects pedestrians by covering their medical bills (to an extent) by an applicable insurance policy.
Thus, if you have a car insurance policy in Pennsylvania, you can make a claim under that policy. Otherwise, you can use someone else’s; a household member’s car insurance policy can work too. Apart from that, you can also file a claim for compensation under Pennsylvania personal injury law against the driver who hit you.
Disorientation, confusion, and pain are some of the symptoms one can feel after being in a pedestrian accident. While it can be hard to focus on anything at that moment, your actions after the accident matter. Taking these steps after a pedestrian accident is crucial if you intend to pursue a personal injury claim.
Pennsylvania’s Statute of Limitations for filing a car accident claim is two years from the day the accident occurred, excluding other one-off cases. Ultimately failing to file the claim means forfeiture of whatever compensation you might be entitled to for your damages. If the two years go by without you filing a claim, you cannot open the case anymore, let alone claim damages.
Determining fault is the backbone of every personal injury case, but it can be a tricky thing. More often than not, there are many parties at fault, including the pedestrian themselves. Let us consider two scenarios and determine who caused the accident:
You may be entitled to two types of compensation following a pedestrian accident in Pennsylvania: economic and non-economic damages.
Economic damages refer to compensation for out-of-pocket expenses such as medical bills, expenses used in fixing property damage, lost wages, and more.
Conversely, non-economic damages refer to compensation for unquantifiable losses such as pain and suffering, loss of benefits, physical disfigurement, and more.
Pedestrian accidents can be complicated for someone that does not have any knowledge of Pennsylvania law . Therefore, while there is no law that mandates getting a lawyer, you should strongly consider hiring representation to help your case. Apart from helping you fight on the legal front and ensuring you get your due compensation, they can also provide encouragement and support.
Being in a pedestrian accident in Pennsylvania is not something one can prepare for, but it does happen, and frequently, too. Therefore, being versed in the subject and knowing what to do afterwards is essential for every Pennsylvania resident.
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