Were you struck by a car while walking in Wyomissing, Pennsylvania? If so, you’re likely dealing with painful injuries and lost time from work. You deserve a skilled attorney fighting for your best interests so that you can focus on your recovery.
The Wyomissing pedestrian accident lawyers at Marzzacco Niven & Associates are here to help with every aspect of your claim for damages. We have over 120 years of combined experience – and we’ve used our deep knowledge of personal injury law to recover tens of millions of dollars for our clients.
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How Marzzacco Niven & Associates Can Help After a Pedestrian Accident in Wyomissing, PA
The best thing you can do after a pedestrian accident in Wyomissing is to seek legal representation – especially if you’re struggling with injuries. Insurance companies and other defendants won’t be quick to offer you fair compensation. It’ll be an uphill battle fighting for the money you need to cover the full extent of your losses.
That’s where the Wyomissing personal injury lawyers at Marzzacco Niven & Associates come in. We’re familiar with insurance company tactics that serve to undervalue and deny claims, and we know how to protect our clients.
If you hire our award-winning attorneys to handle your Wyomissing pedestrian accident claim, we’ll:
- Investigate what caused the pedestrian accident and who is liable for your losses
- Consult your healthcare providers and medical experts to understand the extent of your injuries and how they’ll impact your life
- Gather evidence proving every element of your pedestrian accident claim
- Value your claim and negotiate on your behalf as we work towards a favorable settlement
- Relentlessly argue your case before a Berks County jury if we fail to secure a fair out-of-court agreement
Contact our law office today to discuss your pedestrian accident and legal options for compensation.
How Common Are Pedestrian Accidents in Pennsylvania?
According to preliminary data released by the Governors Highway Safety Association, Pennsylvania experienced the following pedestrian fatalities in the last several years:
- 2019: 154
- 2020: 146
- 2021: 186
Between 2019 and 2021, there was a 21% increase in pedestrian fatalities in the Commonwealth.
The latest data from the Pennsylvania Department of Transportation provides the following pedestrian injury statistics:
- 2016: 4,218
- 2017: 4,106
- 2018: 4,090
- 2019: 4,099
- 2020: 2,788
According to the report, accidents involving pedestrians only represent around 2.7% of the total reported collisions. However, they account for nearly 13% of all motor vehicle fatalities in Pennsylvania.
What Causes Most Pedestrian Accidents in Wyomissing, PA?
Pedestrian accidents are typically caused by negligence. According to the PA Department of Transportation, most accidents occurred when pedestrians were crossing the street at an intersection or driveway entrance.
Some common causes of pedestrian injuries and fatalities in Wyomissing include:
- Distracted driving, such as texting or tending to children
- Running red lights, stop signs, and other traffic controls
- Driving under the influence (DUI)
- Drowsy driving
- Dangerous or illegal turns
- Failing to yield the right of way to pedestrians
- Unmarked or poorly designed intersections
- Aggressive driving
- Lack of adequate lighting, causing poor visibility
- Lack of infrastructure, such as sidewalks and crosswalks
Drivers aren’t the only ones who cause pedestrian accidents. Pedestrians can also be at fault in some situations, such as if they suddenly dart out into the road or jaywalk when it’s dark.
How Much Is My Wyomissing Pedestrian Accident Claim Worth?
Pedestrians involved in car accidents are vulnerable to serious injuries that may last weeks, months, or a lifetime. Typically, the more severe a person’s injury, the more their pedestrian accident claim will be worth.
Other than the type and severity of your injuries, the following factors will impact the value of your claim:
- The value of your medical bills, including future anticipated healthcare needs
- The value of your lost wages and whether you’ll be able to return to work in the same capacity
- Whether you contributed to the accident
- The out-of-pocket costs you’ve incurred
- The impact of your injuries on your quality of life and emotional well-being
- The strength of your evidence
- Whether any insurance covers the accident
- The willingness of the opposing party to settle in good faith
- Whether your injuries are permanent or you’ll make a full recovery
As you can see, there are many considerations when valuing a pedestrian accident case. That’s why it’s vital to seek legal advice from a trusted Wyomissing personal injury attorney.
What Compensation Is Available To Pedestrian Accident Victims in Pennsylvania?
Wyomissing pedestrian accident victims are entitled to seek compensation for their financial and emotional losses.
Economic damages cover monetary losses such as:
- Medical expenses you’ve incurred, like hospital bills
- Future medical costs, including nursing care and rehabilitation
- Any reasonable out-of-pocket expenses, like medical equipment
- Lost income
- Diminished earning potential
- Property damage
Non-economic damages aren’t as easy to calculate and include things like:
- Physical pain and suffering
- Mental anguish
- Diminished enjoyment of life
- Emotional distress
The court might award punitive damages if the defendant acted willfully or with reckless indifference to your safety in causing the pedestrian accident. Punitive damages serve to punish parties for misconduct and deter others from acting in a similar manner in the future.
What Are Common Injuries Sustained By Pedestrian Accident Victims?
Being hit by a multi-thousand-pound machine is bound to cause some injuries. Depending on the speed at the moment of impact, you may suffer scrapes and bruises or something entirely more severe.
We’ve helped victims who have sustained all types of injuries in Wyomissing, PA, including:
- Fractured and broken bones
- Neck injuries
- Back injuries
- Road rash
- Traumatic brain injuries
- Amputation injuries
- Facial injuries
- Chest injuries
- Internal organ damage
- Soft tissue injuries
- Nerve damage
- Paralysis, spinal cord damage, and other catastrophic injuries
No matter what type of injury you’ve sustained, the legal team at Marzzacco Niven & Associates is here to help. Call us today to see what we can do for you after your pedestrian accident in Wyomissing, PA.
How Do I Prove Negligence After a Pedestrian Accident in Pennsylvania?
Negligence – or failing to act with reasonable caution – is the basis of most pedestrian accidents in Wyomissing and throughout Pennsylvania. In a personal injury case, the plaintiff has the burden of proving the elements of negligence by a preponderance of the evidence.
To prove negligence after a pedestrian accident, you must demonstrate the following:
- The defendant owed you a duty of care (e.g., drivers have a duty to act cautiously to avoid causing harm to others)
- The defendant breached their duty of care by acting unreasonably under the circumstances (e.g., if they ran a red light or were texting while driving, this is failing to act with reasonable care)
- The defendant directly caused the pedestrian accident (e.g., the pedestrian accident wouldn’t have occurred if the defendant had been paying attention)
- You suffered damages (e.g., injuries, missed time from work, etc.)
To prove liability, you’ll need evidence. We can help you gather documentation – such as medical records, accident reports, employment statements, and more – and photos/videos proving the elements of your claim. The sooner we get started, the stronger your claim will be, so call us as soon as possible.
Can I Recover Compensation If I’m Blamed for My Pedestrian Accident in Wyomissing, PA?
Pennsylvania law implements a modified comparative negligence approach to personal injury cases. Pedestrian accident victims can recover compensation, but only if they aren’t more at fault than the other party. Once your fault reaches 51%, you’re barred from receiving compensation.
If your share of the blame is 50% or less, your damages are reduced proportionately. For example, you’re allocated 40% fault for the pedestrian accident. You can only recover 60% of your awarded damages. Now assume you’re assigned 55% of the blame. You can take home nothing.
Insurance companies and defendants will use this rule against you to try and reduce the amount they have to pay. If you’re being blamed for contributing to the pedestrian accident, contact us immediately for help. We’re familiar with these tactics and will fight back.
How Long Do I Have To File a Pedestrian Accident Lawsuit in Pennsylvania?
Pennsylvania pedestrian accident victims have limited time to file lawsuits due to the statute of limitations. If you’re injured, you only have two years from the date of the pedestrian accident to file a personal injury lawsuit. If you lost a spouse, child, or parent, you have two years from their date of death to file a wrongful death case.
Don’t miss the deadline that applies in your case. Otherwise, you’ll forfeit your right to hold the negligent party responsible for your pedestrian accident injuries.
Schedule a Free Consultation With Our Wyomissing Pedestrian Accident Lawyers
If you’re facing injuries after a pedestrian accident in Wyomissing, PA, you deserve compensation from the at-fault party for your losses. Contact Marzzacco Niven & Associates for assistance.
Our Wyomissing pedestrian accident lawyers have over 120 years of collective legal experience, and we know how to obtain the best outcome in your case. Call us today to schedule a free, no-obligation case evaluation to see how we can help you.