Personal Injury Lawyers Pittsburgh - SMA Law Group
Stewart, Murray and Associates Law Group (SMA Law Group) are experienced, aggressive and compassionate Personal Injury Attorneys and Criminal Lawyers serving Western Pennsylvania and the surrounding region. We represent clients injured in accidents as well as clients facing criminal charges and DUI charges in Pennsylvania.
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437 Grant St.#600 Pittsburgh PA 15219
412-765-3345 1-888-9-SMALAW
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Pittsburgh Pedestrian Accident Attorney

Downtown Pittsburgh has a walkability score of 95. The greater Pittsburgh area has a walkability score of 62. Walkability scores are a great way to get a feel for what the city has to offer for pedestrians. For example, walkability scores tell people that the city has amenities like grocery shopping or restaurants and nightlife that are easily accessible on foot. And why not walk? Especially when getting into a car accident is more likely than getting into an accident as a pedestrian. Or is it?

Unfortunately, Pittsburgh can be just as dangerous for pedestrians as those who drive. It’s typical to get distracted by all the history of downtown, but you need to stay alert when walking across streets or across crosswalks. Pittsburgh drivers need to be more alert of pedestrians who are using the proper crosswalks and signals at the intersection. Over the past few years, research states that the most pedestrian accidents occurred in intersections. This means that cars are not paying attention to people as they walk across the streets. Conversely, people may not be paying attention to cross signals and potentially jay walking onto streets without using proper safety precautions.

Pittsburgh Pedestrian Accident
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Pedestrian Injuries

When a car hits you, the bumper usually hits between your lower torso and knees. Depending on how fast the car is going, you can be knocked onto the hood or just tipped over. Either way, if you are hit then you may have to deal with knee, arms, shoulders, and or head injuries. These injuries may be minor or they can be more traumatic like broken bones or traumatic brain injury that can leave you with a permanent injury.

If you are hit by a car and still conscious then here are the steps you need to take:

  1. Try to remain calm and call 911 immediately. Sometimes when people are hit they do not feel the injury until their adrenaline has decreased. Try to move minimally until medical attention gets to you.
  2. Ensure that others are safe around you and you are removed from any future accidents.
  3. Make sure that the car stays parked in the position where it hit you. If the car tries to drive away then it is considered a hit and run. Make sure to always get the license plate and insurance information from the driver.
  4. Gather as much information as you can via photographs or interviews from witnesses. The more information you can gather the better as it will help prove your injuries in the long run.

At any point, after you have established that you are okay and are stable, call our attorneys at SM&A Law Group. We offer free consultations to discuss your situation because we care about your story and your situation. We believe that each of our clients deserves aggressive representation with an empathetic ear. If you or a loved one has been injured in a pedestrian accident then call 412-765-3345 or click here. We want to support you and ensure that you get the compensation needed for your injuries.

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Every year, nearly 6,000 American pedestrians are killed by passenger cars, trucks, and other motor vehicles across the United States, while nearly 130,000 others are hospitalized with non-fatal injuries, according to the Center of Disease Control and Prevention.

Fact: the CDC estimates that a pedestrian in the U.S. is 1.5 times more likely than occupants of passenger vehicles to get into a fatal car accident.

Statistically speaking, the most dangerous times for pedestrians are between 6 pm and 8 pm during the winter months, and between 8 pm and 10 pm during the summer months. The risk of a pedestrian accident increases tremendously on Fridays, Saturdays, and Sundays, as almost half of all fatal pedestrian crashes occur on these three days.

Our Pittsburgh pedestrian accident lawyer from SMA Law Group is going to help you get a better understanding of how fault is established in roadway and intersection accidents involving pedestrians.

How to Determine Who Had the Right of Way in Pennsylvania?

In order to establish fault in a pedestrian accident, much depends on who had the right of way at the time of the collision. Our experienced pedestrian accident attorney in Pittsburgh has summarized Pennsylvania’s right-of-way laws as follows:

  • Motorists must yield the right of way to pedestrians crossing at an intersection that does not have a traffic light.
  • Motorists must yield to pedestrians crossing in a marked crosswalk regardless of whether the crosswalk is located at an intersection.
  • Motorists must yield to pedestrians crossing at a light.
  • Pedestrians have the right of way when accompanied by a guide dog or carrying a white cane.
  • Pedestrians have the right of way when crossing at alleys, driveways, and sidewalks.

Are Motorists Always at Fault for Pedestrian Accidents?

Not at all. Although drivers are to blame for pedestrian accidents in the vast majority of such accidents, a pedestrian can also be either partially or fully at fault. Our Pittsburgh pedestrian accident attorney explains that while motorists are more likely to be at fault either because they were negligent or failed to see the pedestrian, pedestrians can be negligent as well, especially when they fail to comply with the right-of-way laws and fail to exercise caution prior to entering the road.

According to the PA Vehicle Code (Title 75), these are some of the situations in which a pedestrian may be held at fault for a pedestrian accident:

  • Disregarding traffic controls such as the β€œdo not walk” signal.
  • Jaywalking, or illegally crossing the road, unless the pedestrian is crossing the road at a designated crosswalk or intersection.
  • Pedestrians, especially children, darting into traffic unexpectedly, making it impossible for the motorist to stop the vehicle in time to avoid a collision.
  • Pedestrians walking on highways.

What Happens If a Pedestrian is Partly at Fault for the Accident?

Contrary to popular belief, a pedestrian who is partly at fault for a motor vehicle accident does not lose his or her right to pursue a personal injury claim against the motorist and obtain monetary compensation simply because his/her own fault contributed to the crash.

Under Section 7102 of the Pennsylvania General Assembly, the state uses a modified comparative negligence rule, which provides that the plaintiff’s percentage of fault in a pedestrian accident must be at or below 50 percent to make him or her eligible to pursue compensation. The defendant’s percentage of fault, meanwhile, must be at or greater than 50 percent for the plaintiff to receive a financial recovery.

Therefore, just because a pedestrian was partially at fault for a pedestrian crash does not mean that he or she will be barred from recovering damages as long as the motorist’s percentage of fault is at or greater than 50 percent. To be entitled to financial recovery, the partially at-fault pedestrian will have to prove that the motorist was negligent, careless, reckless, or engaged in unreasonably dangerous behavior such as:

Proving that you are still eligible to obtain compensation for damages and losses when you are a pedestrian who’s partially at fault for the accident can be tough, largely due to the pressure placed on the injured pedestrian and other parties’ continuous efforts to convince the pedestrian that he or she is not entitled to any compensation.

That’s why it is important that you hire a Pittsburgh pedestrian accident lawyer regardless of whether you are partially at fault or the other party is fully at fault. Let our attorneys from SMA Law Group evaluate your situation, determine liability and how much your case is worth, and develop the most effective legal strategy to win compensation.

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Call 412-765-3345 for a free case evaluation. Our attorneys are available by phone, email or in-person.

SMA Law Group attorneys believe in aggressively representing our clients while maintaining the personal compassion needed when counseling clients through difficult situations and navigating a complex legal system. Contact us today.

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