Pennsylvania – July 15, 2021

Homestead Pennsylvania was the emotional scene where a man in a motorized wheelchair was hit and fatally injured by a truck near Seventh Avenue under the Homestead Grays Bridge.  The 72-year-old victim was unable to benefit from medical assistance by first responders as his injuries would not allow.  The driver of the truck stayed at the scene and cooperated with law enforcement officials, but the accident will need to be investigated to determine why the pedestrian was not seen, or why the truck was unable to stop in time to avoid the crash.  After a pedestrian accident results in fatal injury, loved ones and family members may benefit from the assistance of experienced accident lawyers at Scanlon & Wojton Law Offices who can guide litigation, insurance claim filing, and assist families with timely access to insurance funds to pay funeral and burial expenses.

Fatal pedestrian crashes.

The National Highway and Traffic Safety Administration identified 6.205 U.S. pedestrian deaths attributed to roadway dangers in 2019, which is a 5% increase from 2018.  Pedestrians should be aware of safety tips to avoid the dangers of a motor vehicle causing them injury.  One named reason for the increase in pedestrian deaths is associated with the size of the vehicles involved in the accidents.  Pedestrians who are struck by a large SUV are twice as likely to die as those struck by a car, coupled with the number of distracted drivers, increased the dangers to pedestrians in Pennsylvania.  Legal counsel will utilize expert testimony by accident scene re-constructionists, financial professionals, and medical professionals who can convey the need for higher awards based on wrongful death losses to surviving family members and loved ones.

Driver duty of care.

Pennsylvania drivers must abide by traffic safety rules to protect other commuters, and pedestrians from harms A personal injury attorney will be able to outline the special rules that apply when a pedestrian is fatally injured as a result of a truck accident, and base potential case building on the degree of negligence that can be proven.  Pennsylvania’s  utilizes the “modified comparative negligence” rule when determining damage recovery based on fault.  A plaintiff can only seek damages from the defendant if they are less than 51 percent at fault. The state also has a “no-fault” component where victims can access payment from their own insurance companies to cover certain expenses related to the accident.  If it can be proven that the victim was at fault in the accident, it will impact the way damage recovery is awarded.

Wrongful death damages.

When wrongful is caused by another’s actions in Pennsylvania, the statute of limitations gives an accident victim two years to file a lawsuit from the date the injury occurred, was, discovered, or should have been discovered through reasonable care. An attorney can apprise individuals of any deviations from that timeline.

Personal injury claims resulting in death to a pedestrian caused by a motor vehicle accident may  highlight unexpected changes to survivors’ fiscal stability, and long term expenses that are incurred as a result of the loss caused by the accident.  A wrongful death attorney can assist in the recovery for expenses that may include medical treatment up to the time of death, lost wages for future earning capacity, loss of consortium, counseling for emotional distress, funeral, and burial expenses.

Hire legal counsel.

Experienced accident lawyers can fight for damage recovery for families suffering wrongful death loss. The laws and regulations related to motor vehicle accidents can be difficult to understand without the assistance of Scanlon & Wojton Attorneys at Law,  who can assist victims of personal loss resulting from pedestrian fatality after a truck accident in Pennsylvania.

Scanlon & Wojton, Attorneys at Law

Phone:  (412) 918-1241

Fax: (412) 235-7275

The Mitchell Building
304 Ross Street, Suite 510
Pittsburgh, Pa 15219

Sources:

https://www.nhtsa.gov/road-safety/pedestrian-safety

https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.071.002.000..HTM

https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.085.053.000..HTM

Man In Wheelchair Hit, Killed By Truck In Homestead – CBS Pittsburgh (cbslocal.com)

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