Q. I was in a pedestrian crossing the road when I was struck by a car.
I was not in the crosswalk.
However I was paying attention to the traffic and was looking both ways as I crossed the roadway.
I got hit by a car when I was a few feet from the curb.
I had to be life flighted for my brain injuries from the impact of the collision.
Can I make a claim for my injuries?
A. Yes you can.
It is always better to be in a crosswalk if you are filing a lawsuit.
The reason for that is the crosswalk legally is a protection free area.
If you are in it and are hit it’s the drivers fault in almost all cases.
It becomes a bit more dicey if you are crossing in the middle of the road.
Then it becomes a matter of were your actions reasonable under the circumstances.
How far were you from the crosswalk? What was your reason for crossing where you did?
These are the kind of questions that will be asked of you by the attorney for the insurance company.
But we can ask the driver questions too..
For instance, why did he not see you crossing the street?
Was he going too fast?
Was he on his cell phone? Was he distracted in anyway?
Was he talking to someone in the car?
The defendant must answer these type of ??s at his deposition if a lawsuit is filed.
Ultimately, some factfinder usually the jury must make a determination who was responsible for your injuries.
If a jury determines that the driver was it at least 50% responsible for causing your severe injuries, then you are entitled to $$ for your injuries.
Pittsburgh pedestrian accident attorney Bernie Tully suggests you first call him to set up a free initial consultation.
As you probably know from reading the other questions and answers in this section, Pittsburgh pedestrian auto accident attorney Bernie Tully will be honest with you in discussing the merits of your claim.
We also think you’ll know from our first meeting at my office that everyone here cares for what you’re going through.
And that we really want to help.
BERNIE the attorney.