The law generally favors pedestrians to motor vehicles. Pedestrians are less strong, and usually move at slower speeds than vehicles. As a result, pedestrians generally have the right-of-way as long as they are complying with the road laws.
If a pedestrian is crossing at a crosswalk, the pedestrian unequivocally has the right-of-way. Drivers are required by law to yield to the pedestrian in the crosswalk. Similarly, if a pedestrian is crossing with a light according to road signs, the pedestrian has the right-of-way and drivers must yield to the pedestrian.
If a pedestrian is injured while on the road and in compliance of the relevant rules, the pedestrian may have a personal injury claim. If badly injured, the pedestrian should immediately seek medical attention. In Pennsylvania, many insurance policies are “no fault”. In no fault cases, the pedestrian’s own auto insurance will pay the medical expenses, no matter who was at fault in the case. If the injuries exceed the amount of money on the insurance policy, the pedestrian’s private insurance may cover the expenses. If the pedestrian does not have private health insurance, an attorney can make the expenses part of the personal injury claim and seek the amount in damages against the defendant driver. If the parties do not have no fault insurance, the insurance company of whoever was at fault will pay the expenses.
Lost wages are potentially recoverable in pedestrian injury cases. If the pedestrian’s insurance policy includes a loss wages clause, the insurance company will compensate the pedestrian for money lost as a result of time missed from work. Otherwise, an attorney can also add lost wages to the personal injury claim. In addition, the personal injury claim can include pain and suffering damages.
It is important to be cautious when dealing with the defendant driver’s insurance company. It is best to hire an attorney who can protect the pedestrian’s interest. Insurance companies are only looking out for the interest of the insured, and the insurance company itself. As a result, they will try to get the pedestrian to say something on the record that will harm the pedestrians’ case so the insurance company can reduce their payout.
If you suffered a pedestrian injury and the defendant’s insurance company contacts you, do not speak with them. Politely decline an interview. Your attorney can provide the company with information that will not compromise your position and protect your interests.