Deadly Pedestrian Injury Despite New Technology
The risk of death to a pedestrian via motor vehicle accident is not new. We've had gas powered cars in the US since 1893! Since then, technology has advanced dramatically in ways that help drivers steer clear of pedestrians (pun intended). For example:
- There exist more bike / pedestrian lanes than ever in history.
- Modern windshields reduce glare and promote a driver's view of people in the road.
- Vehicles have better braking systems -- and stopping power -- than ever before.
- Twenty-three (23) models of new vehicles have pedestrian detection devices that sense pedestrians in blind spots and automatically slow or stop the motor vehicle.
In fact, some of the 23 new high-tech vehicles have bumper cushioning, to lessen the degree of pedestrian knee and hip injuries. What's more, some vehicles even have air bags under the hood for pedestrian safety. For example, the Volvo V40 and the Land Rover Discovery Sport feature an impressive under-the hood airbag, triggered by a sensor in the hood. The airbag covers the metal (hard) windshield pillars to help protect the pedestrian from a traumatic head injury (TBI).
It sounds impressive, right -- that there are 23 models of high tech vehicles? Only, twenty-three is a tiny fraction of the 7022 models of vehicles available for sale in the US.
But pedestrians are safer, overall, right?
Number of Pedestrian Deaths
No. Just the opposite. In fact, pedestrian deaths -- as caused by motor vehicle collisions -- have surged 18%, or 519 additional lives lost, between the first half of 2019 and 2022. This is according to the Governors Highway Safety Association (GHSA). Moreover, nationwide, there were 0.90 deaths per 100,000 people in 2019. However, it rose to 1.04 deaths in 2022. The sheer number of pedestrians killed is staggering. In fact, a pedestrian is killed every 74 minutes in the US, alone.
What About Urban Planning? Are Bike & Pedestrian Pathways Helping?
Not necessarily. Our Pittsburgh injury lawyers have seen no decrease in injuries from designated pathways for non-motorists. If anything, the number of injuries have increased. Painted lines on pavement give pedestrians a false sense of security. Motor vehicles routinely ignore painted crosswalks and even lighted signage. Some of our most serious cases involve pedestrians struck in a crosswalk in plain daylight.
Pedestrians Assume Too Much
Do not assume the driver who strikes you will get "in trouble" for hitting a pedestrian. Think again.
Often, the investigating officer sides with the motorist, and blames the pedestrian for not wearing "conspicuous clothing," for example. Or, the police blame a glare from the sun in the driver's eyes.
In truth, Police don't want to be involved. They're required to do a report when someone's injured. However, police are not required to charge anyone. In fact, police almost never charge the negligent motorist. And why not? It creates too much paperwork when the real fight will take place in the civil courts. Why put the parties through two battles?
Will a Civil Suit Bring Justice?
No. Being sued is stressful for the defendant. However, do you really think the average defendant must consider selling his house to compensate the pedestrian he injured? It never happens. Motorists carry liability insurance, as is required in Pennsylvania. Thus, for the negligent motorist -- who struck you in broad daylight -- his biggest headache isn't you. It might be paying a $500 deductible for the damage to his vehicle from your body.
For you, however, it's another story. Following an accident, you might never feel or act the same. It starts with you getting the most expensive Uber ride ever (an ambulance) to the hospital - or worse, to the morgue. But what about compensation? Won't you -- or your estate's administrator if you're dead -- get fully compensated from the negligent driver's insurance company, right?
Driver's Liability Coverage For Pedestrian Injuries
Not necessarily.
PA's minimum coverage is only $15,000. And getting it is not always easy, even in serious cases. The driver's insurance carrier -- Geico, State Farm, Nationwide, Allstate, etc. -- has a duty to its insured driver, not you. The carrier must pay its insured's costs of a legal defense for the long haul including trial (trial costs can exceed 30K). This is true, even if the coverage is only $15,000. The carrier will not tender policy limits unless you release the driver from all liability.
So your choices become: do I take the pittance of coverage available. Or, do I wait, keep litigating, and take the case to trial, based on a mere hope that the Defendant has some personal assets that I can execute upon, after at least 18 months of litigation? Even then, if you get a judgment in PA, you cannot garnish the defendant's wages. And if the defendant is married, you cannot execute on jointly owned marital assets. You can only execute on assets owned solely by the judgment debtor-defendant.
Can PennDOT Suspend His Driver's License For Having Too Little Insurance?
Yes, but this only applies if you get a judgment. This assumes you will be lucky enough to find a lawyer willing to take your case to trial against a driver having only the state minimum of $15,000 in liability coverage. Big assumption. Few lawyers will do all that on a contingency basis. There, the lawyer advances large sums for court costs (medical record and testimony). So yes, it's technically possible: if you get a verdict that's not covered by the defendant's liability coverage, then PennDOT will suspend the driver's license, temporarily. If the judgment debtor agrees to a payment plan through PennDOT, the suspension is lifted. He gets his license back and you become the bank, responsible to manage your no interest loan to the person who hit you!
Sound like "justice"?
Is There Any Good News, in Terms of Compensation If I'm Hit By Car?
Yes. The good news is, your own motor vehicle insurance covers you, when you're struck by a vehicle. All motor vehicle insurance policies have $5,000 of "no fault" medical coverage. This pays your medical bills up to at least $5,000. Plus, even if you had elected the "limited tort" option on your own auto policy -- limiting you from seeking an award for "pain and suffering" in certain instances, limited tort will not limit your recovery when you're injured outside of your vehicle.
Additional Insurance Coverage For Pedestrians
Plus, it you have uninsured or underinsured motorist coverage (UM/UIM) on your own motor vehicle policy, it will cover you if injured as a pedestrian. So let's say, for example, you're crossing the street lawfully in the crosswalk and are hit by a college kid having only the state minimum of $15,000 of liability coverage. If seriously injured, you'll get his $15,000 plus the $5,000 of your "no fault" medical coverage, plus your UIM/UIM for any gap in coverage for your damages. So if you have $100,000 in UM/UIM, you'll have $120,000 -- not $15,000 -- available to pay for your pain, suffering, medical bills and other damages. Many people, like yours truly -- and many clients I've advised -- carry at least $250,000 of UM/UIM coverage.
This is a reason why people who rarely drive should have good auto insurance.
What Can Be Done to Reduce Pedestrian Fatalities?
New vehicle design can both help prevent collisions (through pedestrian detection) and also minimize the impact to the pedestrian, when struck.The National Highway Transportation Safety Administration and Transportation (NHTSA) proposed a crashworthiness program in the NCAP (New Car Assessment Program) testing program. This would score new automobiles based on pedestrian crashworthiness tests. In theory, a poor rating could make the vehicle more expensive to insure, but that's years away. Moreover, existing vehicles would not be rated, most likely. It would only apply to new vehicles sold.
No Quick Fix
The bottom line is: no new governmental regulation or motor vehicle design will make the roads safe for pedestrians. The pedestrian has to assume that no motorist will see her and that every vehicle can go out of control. This applies to those walking, or operating a standard bicycle, mountain bike, e-bike, scooter, or skateboard as well.
Contact Us Today!
Each Pittsburgh attorney in our firm is available to assist with any roadway injury, including a pedestrian hit by a truck, or SUV. Call or email our lawyers any time!
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