Were you or your family member hit by a motor vehicle in York, PA? If so, the driver could be liable for your injuries and damages. Our York pedestrian accident lawyers at Marzzacco Niven & Associates can help.
As Pennsylvania’s top-rated injury lawyers, we get results. Since 2008, our York personal injury law firm has recovered millions of dollars on behalf of our clients. With 120 years of combined legal experience, our York injury attorneys are seasoned advocates for injured parties and their families.
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How Our York Personal Injury Lawyers Can Help You With Your Pedestrian Accident Claim
The legal team at Marzzacco Niven & Associates has tried over 250 trials and settled thousands of personal injury cases. We have developed a deep understanding of personal injury laws from our considerable experience handling personal injury cases. Our law firm has the resources needed to investigate and pursue the most complex legal cases.
Local and national legal organizations recognize our lawyers for their commitment to our clients and our winning records. Honors from the legal industry received by our lawyers include:
- Multi-Million Dollar Advocates Forum
- Best Lawyers in America
- The National Trial Lawyers list of Top 40 Under 40
- Super Lawyers Rising Starts
- Super Lawyers
Insurance companies know our reputation and take your case seriously when you hire our law firm. We do not hesitate to take cases to trial if the insurance company and at-fault party refuse to negotiate a fair settlement.
When you hire Marzzacco Niven & Associates to handle your case, you can trust us to:
- Evaluate your case and explain your options for recovering compensation
- Investigate the cause of the pedestrian accident to identify who is liable for damages
- Gather evidence proving your damages to calculate how much your case is worth
- Work with expert witnesses to gather additional evidence to support your claim
- File insurance claims and negotiate a settlement
- File a lawsuit and pursue the matter in court when necessary
We are here to help you after a pedestrian injury. Call us to schedule a free case evaluation with a pedestrian accident lawyer in York, Pennsylvania.
Causes of Pedestrian Accidents in York, PA
Many factors contribute to the causes of pedestrian accidents. Common causes of accidents involving pedestrians in York include:
- Distracted driving
- Excessive speeds
- Failing to yield the right of way to pedestrians
- Trying to beat a red light
- Running stop signs
- Poor visibility
- Driving under the influence of drugs or alcohol
- Negligently designed intersections and crosswalks
- Aggressive driving and road rage
- Making unsafe or illegal turns
- Lack of dedicated pedestrian infrastructure
- Unsafe passing and improper lane changes
- Drowsy and fatigued driving
Pedestrians have virtually no protection during a collision with a motor vehicle. The injuries they sustain can result in life-threatening conditions and permanent impairments.
Common Injuries Sustained by Pedestrians When They Are Hit by a Motor Vehicle
Pennsylvania pedestrian accidents account for almost 15% of traffic deaths, but they only represent 2.6% of traffic crashes. In 2021, there were 4,086 pedestrian accidents statewide in Pennsylvania. York County reported six pedestrian deaths and 77 pedestrian injuries in 2021.
The injuries sustained by pedestrians in accidents include:
- Fractures and broken bones
- Soft tissue injuries
- Traumatic brain injury
- Chest injury
- Internal organ damage
- Paralysis and spinal cord injuries
- Amputations and loss of limbs
- Neck injuries and whiplash
- Crushing injury
- Lacerations and abrasions
- Back injuries and broken vertebrae
Pedestrians also sustain severe scarring and disfigurement, including facial injuries. The damages caused by these injuries can be extensive. Pedestrians with permanent impairments could require ongoing medical treatment and long-term nursing care.
What Damages Can I Receive for a York Pedestrian Accident Claim?
The financial cost of a pedestrian accident can be staggering. If you are hit by a motor vehicle, you could receive compensation for your economic damages. These damages could include the following:
- Medical bills
- Cost of personal care
- In-home nursing care
- Rehabilitative care
- Lost wages and decreased earning capacity
- Out-of-pocket expenses
In addition to the monetary losses, pedestrians suffer extreme pain and suffering. After a pedestrian accident, you could also receive compensation for non-economic damages, including:
- Mental anguish
- Loss of enjoyment of life
- Impairments and disabilities
- Emotional distress
- Decreased quality of life
- Scarring and disfigurement
- Physical pain
Some cases could result in punitive damages. These damages do not compensate you for losses or harm.
Instead, punitive damages punish the defendant for specific types of behavior. The damages are only awarded in a small number of personal injury trials. However, our legal team reviews the facts in each case to determine if punitive damages could be justified.
How much your case is worth depends on the circumstances of your accident. For example, the severity of your injuries impacts the value of damages. Catastrophic injuries generally increase the value of damages.
Other factors that impact how much you receive for your pedestrian accident claim include the strength of your evidence, availability of insurance coverage, your liability for causing the accident, and the parties involved in the incident.
What Happens if I’m Partially To Blame for My Pedestrian Accident in Pennsylvania?
Pennsylvania’s comparative negligence law does not bar you from receiving money for an accident claim if you are partially to blame unless you are 51% or more to blame. If your level of fault is lower than 51 percent, you could receive some money for your claim. However, your damages are reduced by your level of fault.
For example, suppose the jury decides you are 35% to blame for causing the pedestrian accident and awards you $300,000 in damages. The amount you could receive is reduced by 35% (your percentage of blame). Therefore, instead of receiving the full amount of the award, you are only entitled to $195,000.
Insurance companies use contributory fault to reduce the amount of money they must pay to resolve claims. Therefore, speaking with our York pedestrian accident attorneys before you talk to an insurance adjuster is best. The statements you make during an interview could be intentionally misinterpreted to allege you admitted fault for the accident.
Proving Negligence for a Pedestrian Accident Claim in York, PA
- The motorist owed the pedestrian a duty of care
- The motorist’s conduct caused the pedestrian accident
- The motorist’s actions were the direct cause of your accident
- You sustained damages because the car hit you
Evidence proving fault for a pedestrian accident can include videos from traffic cameras and other sources. Photographs taken after the crash can also help prove the fault for the crash. We also talk with eyewitnesses to obtain statements that can help prove the motorist caused the accident.
What Should I Do After a Pedestrian Accident in York, PA?
Since pedestrian accidents can cause severe injuries, you might be unable to take all of the following steps. However, the steps you can take could improve your chance of recovering a fair settlement for your personal injury claim.
- Report the pedestrian accident by calling 911.
- Ask eyewitnesses for their names and telephone numbers so your attorney can contact them.
- If possible, take photographs of the accident scene and make a video with your cell phone.
- Tell the police officer what you remember about the accident, but do not accept fault for causing the crash.
- Seek immediate medical attention for your injuries. Delays in medical treatment could give the insurance company a reason to dispute your claim.
- Take photographs of your injuries and keep records of all expenses and costs.
- Keep a pain and suffering journal detailing your recovery, including your physical, mental, and emotional state during recovery.
Contact our office for a free consultation to discuss your case as soon as possible. We can help you take steps to recover compensation for your damages.
What Is the Deadline for Filing a York Pedestrian Accident Claim?
The Pennsylvania statute of limitations sets deadlines for filing lawsuits after an accident or injury. The deadline for filing lawsuits in most personal injury cases is two years from the accident date, including pedestrian accidents.
However, there are exceptions to the general rule. Your time to file a claim could be shorter if the case involves a government entity. Other exceptions could also change the filing deadline.
Missing the deadline to file a lawsuit means giving up your right to take the at-fault driver to court. Don’t miss the deadline by talking to our York pedestrian accident attorneys as soon as possible after an accident.
Schedule a Free Consultation With Our York Pedestrian Accident Lawyers
Do not hesitate to contact our law office if you are injured in an accident. Your initial consultation with a York pedestrian accident attorney is free. Get the advice you need to protect your right to receive money for your injuries and losses.