Allentown Pedestrian Accident Attorney
The Allentown pedestrian accident attorneys at PhillyLaw are seasoned personal injury attorneys, specializing in representing victims of pedestrian accidents in the Lehigh Valley area. With extensive experience in pedestrian accident cases, our attorneys possess a deep understanding of the complexities involved in a pedestrian accident claim. At PhillyLaw, we are committed to providing compassionate and effective legal representation, aiming to secure the fair compensation that our clients deserve for their injuries and losses. If you have been injured as a pedestrian, contact a dedicated Allentown pedestrian accident lawyer for a free consultation to learn more about how to pursue compensation for your injuries.
Common Causes of Pedestrian Accidents in Allentown
Pedestrian accidents occur due to a variety of factors, many of which involve driver negligence.
Distracted Driving
Distracted driving can commonly cause a pedestrian accident. This occurs when drivers are not fully attentive to the road due to engaging with their phones, eating, adjusting the radio, or any other activity that diverts their focus from driving. When a driver’s attention is split, their ability to react to road conditions, traffic signals, and most importantly, pedestrians, is significantly reduced. This lapse in attention can lead to devastating accidents involving pedestrians, who are especially vulnerable because they lack the protection that vehicles provide to their occupants. The increasing prevalence of smartphones has exacerbated this issue, making distracted driving accidents more common in recent years.
Speeding
Speeding is another significant factor in causing a pedestrian accident, as higher vehicle speeds reduce the driver’s ability to stop in time to avoid a collision.
Failure to Yield
Failure to yield the right-of-way at crosswalks also leads to numerous incidents, alongside ignoring traffic signals or signs.
Driving Under the Influence
Additionally, driving under the influence of alcohol or drugs severely impairs judgment and reaction times, increasing the risk of accidents.
Poorly-Designed Intersections
Poorly designed intersections and lack of proper pedestrian infrastructure can further contribute to a pedestrian accident.
Understanding these common causes can help in developing strategies to prevent a pedestrian accident in the future.
Determining Liability for Pedestrian Accidents
Determining liability in a pedestrian accident involves a detailed analysis of the circumstances surrounding the incident. Key factors include identifying who had the right of way, the behavior of both the pedestrian and the driver at the time of the accident, and any environmental conditions that may have contributed to the accident. Evidence such as traffic camera recordings, eyewitness testimonies, and police reports play a crucial role in establishing the sequence of events. In the case of distracted driving or driving under the influence, cellphone records and toxicology reports can further support the determination of fault.
Traffic laws can also influence the assignment of liability. In many instances, the concept of ‘comparative negligence’ may apply, where the fault is shared between the driver and the pedestrian based on their respective contributions to the accident. A skilled Allentown pedestrian accident attorney at PhillyLaw can adeptly navigate these complexities to effectively determine liability and advocate for the rights of the injured party.
Comparative Negligence for Pennsylvania Pedestrians
Under Pennsylvania law, the doctrine of comparative negligence can significantly impact a pedestrian’s ability to pursue financial compensation following an accident. Under this legal principle, a pedestrian who is found to be partially at fault for their own injuries can still seek compensation. However, their level of fault directly affects the amount of damages they can recover. Specifically, if the pedestrian is found to be less than 51% responsible for the accident, they can recover damages. The catch is that the total recoverable damages are reduced by their percentage of fault.
Pedestrians must understand that their own actions leading up to the accident, such as jaywalking or being distracted by a smartphone, can influence their case under Pennsylvania’s comparative negligence rule. This principle underscores the importance of securing a skilled Allentown pedestrian accident attorney to effectively minimize fault and maximize potential recovery in a pedestrian accident case. Contact the personal injury attorneys at PhillyLaw for a free consultation to find out your ability to prove liability for your personal injury claim.
Duty of Pedestrians in Allentown, PA
Pedestrians in Lehigh County, like in the rest of the state, are subject to specific laws designed to protect their safety while navigating streets and crosswalks. One crucial law requires pedestrians to obey traffic control signals and signage unless otherwise directed by a police officer or traffic control device. This includes following ‘Walk’ and ‘Don’t Walk’ signals at intersections. Additionally, when crossing a road at any point other than a marked crosswalk or intersection, pedestrians must yield the right-of-way to all vehicles. Furthermore, at intersections with no traffic signals, drivers are required to yield the right-of-way to pedestrians within a crosswalk. Another important law stipulates that when sidewalks are provided and are accessible, it is unlawful for pedestrians to walk along and upon the adjacent roadway. Lastly, under state law, pedestrians must also use the right half of crosswalks when available, promoting orderly and safe crossing practices. These laws underscore the shared responsibility between pedestrians and drivers to ensure safety on the roads.
Compensation Available to Pedestrian Accident Victims in Allentown
Pedestrians injured in accidents due to the negligence of a motorist may be entitled to various forms of compensation to cover both economic and non-economic damages.
Economic Damages
Economic damages typically include medical bills, from emergency treatment at the scene of the accident to rehabilitation and ongoing care needs. Lost earnings, if the injured party is unable to work during their recovery, along with compensation for reduced earning capacity in cases of permanent disability, are also considered under economic damages. Furthermore, the cost of any necessary modifications to the injured pedestrian’s home or vehicle to accommodate their injury can be covered.
Non-Economic Damages
Non-economic damages encompass compensation for pain and suffering, mental anguish, loss of enjoyment of life, and emotional distress resulting from the accident.
Punitive Damages
In certain cases, if the conduct of the defendant is found to be especially egregious, punitive damages may also be awarded to deter similar negligent behavior in the future. Punitive damages in pedestrian accident cases serve as a form of punishment for the defendant’s egregious or reckless actions that go beyond mere negligence, such as driving at excessively high speeds or DUI. Unlike compensatory damages—intended to make the victim whole—punitive damages aim to deter the defendant and others from similarly harmful conduct in the future. However, obtaining punitive damages requires proving that the defendant’s actions were not just negligent but exhibited a willful disregard for the safety of others.
In summary, the goal of compensation is to attempt to restore the injured pedestrian to the position they were in before the accident, as much as possible. Given the complexities surrounding compensation claims, injured pedestrians or their families should seek a skilled Allentown pedestrian accident attorney at the PhillyLaw law firm who can provide invaluable assistance in navigating the claims process, ensuring that you can recover compensation for your serious injuries.
Avoiding Pedestrian Accidents in Allentown
Avoiding pedestrian accidents in Allentown requires a concerted effort from both pedestrians and drivers to adhere to traffic laws and practice safe behaviors.
Pedestrians
For pedestrians, always use designated crosswalks and follow traffic control signals when crossing streets. Remaining vigilant and avoiding distractions, such as mobile phones and headphones, when navigating urban areas is crucial. Wearing reflective or bright clothing can also enhance visibility, especially during early morning, late evening, or in poor weather conditions.
Drivers
For drivers, it is essential to yield to pedestrians in crosswalks and be especially cautious in areas with high pedestrian traffic, such as school zones and residential neighborhoods. Reducing speed and eliminating distractions while driving can significantly decrease the likelihood of accidents. Both pedestrians and drivers should be aware of their surroundings and make eye contact with each other when possible to ensure mutual awareness. By following these guidelines and exhibiting mutual respect on the road, the community of Allentown can work together to reduce serious injury in pedestrian accidents and enhance safety for all residents.
Pedestrian Accident Statistics
An in-depth analysis of pedestrian accident statistics sheds light on the frequency and severity of these incidents. In the United States, data from the National Highway Traffic Safety Administration (NHTSA) indicates a worrying trend, with pedestrian fatalities reaching their highest level in decades. Factors contributing to this rise include increased urbanization, a higher number of vehicles on the road, and a significant proportion of incidents involving impaired or distracted driving. Additionally, the growing popularity of SUVs and pickup trucks, which tend to cause more severe injuries in pedestrian collisions due to their size and design, is a concern. Despite efforts to enhance pedestrian safety through improved infrastructure and awareness campaigns, these statistics underscore the ongoing challenges in protecting those who are most vulnerable on our roads.
Occurrence of Fatalities in Pedestrian Accidents
The occurrence of fatalities in pedestrian accidents is a critical and somber element of road safety concerns. Despite advancements in vehicle safety features and enhancements in road infrastructure, pedestrian fatalities remain distressingly prevalent. These tragic incidents often result from a combination of high vehicle speeds, lack of pedestrian visibility, and failure to yield the right-of-way. Urban areas, particularly crowded city streets and intersections lacking adequate pedestrian crossings, pose significant risks. Furthermore, nighttime conditions exacerbate the dangers pedestrians face due to reduced driver visibility. The impact of these fatalities extends beyond the loss of life, deeply affecting families, communities, and the societal perception of road safety. Addressing this issue requires a multifaceted approach, incorporating public awareness campaigns, infrastructural improvements, stricter enforcement of traffic laws, and fostering a culture of shared responsibility among road users.
PhillyLaw’s Pedestrian Accident Lawyers Will Advocate for Pedestrians Who Have Been Injured
At PhillyLaw, our Allentown pedestrian accident lawyers are dedicated to advocating for pedestrians who have suffered injuries in accidents. We understand the profound impact that such incidents can have on an individual’s life – physically, emotionally, and financially. Our team is committed to providing compassionate and comprehensive legal representation to ensure that injured pedestrians receive the justice and compensation they deserve. With a deep understanding of Pennsylvania’s pedestrian laws and an unwavering commitment to our clients, A PhillyLaw personal injury attorney will stand ready to fight for the rights of injured pedestrians. Whether it involves negotiating with insurance companies or representing clients in court, our goal is always to secure the best possible outcome and recover maximum compensation for those affected by pedestrian accidents in Allentown and beyond. Contact us today for a free consultation.