Pedestrian Accident Lawyer in Philadelphia PA
All motorists are obligated to observe the rules of the road and maintain a heightened awareness of their surroundings. Any form of motor vehicle collision can be fatal, but the danger is multiplied when pedestrians are involved. If you were involved in an auto accident as a pedestrian, immediately seek legal advice from a Philadelphia pedestrian accident lawyer to ensure that your rights are protected, and that you are guided with the best course of legal action.
Being in an accident is scary enough. But the situation following a pedestrian accident makes it worse – the injuries, the bills, the loss of income, the mental stress, and more. If you are in this tight spot right now, The Villari Firm can help you shed off some of the weight you are carrying. Allow our Philadelphia pedestrian accident lawyer to take on your case while you give yourself the space and time to recover.
Pursuing reimbursement for your damages can be challenging, but we can help you obtain favorable results. Contact us today and learn more about how we can assist you in winning your case!
Why Do I Need a Pedestrian Accident Attorney in Pennsylvania?
A pedestrian accident can be more frightening than a car accident. You may require a lengthy recovery period. Due to huge medical and hospitalization expenses and wage loss, a pedestrian accident victim may incur debt.
A Philadelphia pedestrian accident lawyer cannot change what happened or take away your suffering or injuries. However, an attorney can protect your rights and ensure that you get the financial compensation you require to cover your medical expenses and get your life back on track.
Our Philadelphia personal injury lawyer at The Villari Firm will help you navigate this process by:
- Investigating the accident scene where the pedestrian crash occurred
- Gathering and preserving all evidence to build a compelling personal injury case
- Protecting your legal rights and helping you understand the process
- Dealing with car insurance companies
- Ensuring that you receive the maximum personal injury settlement that reflects the full extent of your injuries and losses
- Handling all the documentation
- Covering any upfront costs
- Representing your best interests in all legal proceedings, allowing you to focus on your health and recovery
If you would like legal assistance or simply want to know if you have a pedestrian accident case, contact our Philadelphia pedestrian accident attorney at The Villari Firm. Each case is unique, and it can be challenging to handle everything on your own. Our law office has over two decades of experience serving Philadelphia personal injury victims. We’ll help you determine whether you have a case, safeguard your legal rights, and fight for the highest possible compensation for your damages. Call us today!
Common Causes of Pedestrian Accidents in Philadelphia
In Pennsylvania, pedestrians have the right of way at crosswalks and intersections regardless of the presence of a traffic light. In the absence of a crosswalk or intersection, pedestrians must yield the right-of-way to automobiles.
While both drivers and pedestrians must maintain vigilance and obey traffic laws, motorist negligence is a major contributor to pedestrian accidents in Philadelphia. Drivers must exercise moderate caution and pay attention to their surroundings.
Common causes of pedestrian accidents in Philadelphia, PA consist of:
- Distracted driving
- Reckless driving
- Driving under the influence of drugs or alcohol
- Failing to yield to or watch for pedestrians in crosswalks before proceeding or turning
- Failing to follow traffic rules
- Broken or missing manhole covers
- Hazardous street or sidewalk conditions
- Driving in low visibility, such as at night or in bad weather
Philadelphia Pedestrian Accident Injuries
Even though we are all aware of the risks associated with crossing the street, no one ever anticipates that they will be hit by a moving vehicle. Due to the vulnerable nature of pedestrians while walking, pedestrian accident victims have a higher likelihood of being seriously hurt when involved in an accident. And frequently, the lives of pedestrians who are harmed by a motor vehicle crash are altered permanently.
Pedestrians hit by cars frequently suffer severe injuries such as:
- Spinal cord injury
- Traumatic brain injury
- Other severe neck or back injuries, including whiplash
- Broken or dislocated bones
- Lacerations or puncture wounds
- Crush injuries
- Burn injuries
- Internal bleeding
- Internal organ damage
- Catastrophic injury
- Wrongful death
If you were struck by a vehicle while walking in the street, you have the legal right to pursue fair compensation for the injuries that you have endured. Reach out to a Philadelphia pedestrian accident attorney to know more about your rights and options.
Philadelphia Pedestrian Accidents Damages Claims
According to Pennsylvania law, if you were hit by a car while walking, the driver is liable for your injuries. You can recover your financial losses without having to show that you have a permanent injury or disability. The compensation you may recover may include:
- Medical expenses,
- Future medical care, including therapy and rehabilitation
- Lost wages and benefits (past and future)
- Pain and suffering
- Loss of participation in family life
- Wrongful death
- Punitive damages, if applicable
You can submit an insurance claim on your own. You will, however, be dealing with an insurance company that excels at figuring out how to pay you as little as possible.
Insurance companies don’t care how strong your claim is. They will attempt to avoid giving you the money you are entitled to without legal representation. You risk losing thousands of dollars that you might have earned if a Philadelphia pedestrian accident lawyer had handled the case on your behalf. Let our personal injury law firm help you win your pedestrian accident case!
Proving Negligence in Philadelphia
In order to successfully seek damages, your Philadelphia pedestrian accident lawyer will need to demonstrate that the defendant was negligent. This is a standard procedure for every personal injury case.
To establish negligence, there are 4 elements that need to be satisfied.
- Duty of Care: The defendant owes a duty of reasonable care to the victim and the general public. This means that in cases involving pedestrian accidents, vehicles must obey traffic regulations, maintain safe speeds within the authorized speed limit, and use caution in dangerous driving conditions.
- Breach of Duty: This duty of care was breached by the defendant by some action. This may include failing to stop at a stop sign or red light, speeding, or driving under the influence of alcohol or drugs.
- Causation: The victim’s injuries were directly caused by the failure to act with reasonable care of the defendant.
- Damages: The victim suffered damages as a result of the injuries caused by the breach of duty. Damages may include medical bills, loss of wages, pain and suffering, emotional stress, and more.
It is possible that you will succeed in your legal claim if negligence can be demonstrated. But keep in mind that your level of responsibility for the occurrence of the pedestrian accident will be determined as well since Pennsylvania uses a comparative negligence system.
In a comparative negligence system, you may be judged partially responsible for the crash and have your claimable damages reduced by an amount commensurate to your level of responsibility. You can’t be more than 50% at fault for the pedestrian accident to ensure you can win your case.
How to File a Pedestrian Accident Lawsuit in Philadelphia
After being involved in a pedestrian accident in Philadelphia, there are different options you can take to pursue financial compensation for your losses. You can file a lawsuit against a negligent motorist, a pedestrian, the government, or any party liable for the accident.
- Retain the legal services of a Philadelphia pedestrian accident lawyer. Whether you are filing an insurance claim or a civil personal injury lawsuit, your attorney will help you navigate the process.
- File an insurance claim against the at-fault driver’s insurance company. The insurance company will do everything necessary to reduce the amount they pay out in a settlement. Your personal injury attorney will play a big role in negotiating a reasonable payment with the insurance company on your behalf.
- If a settlement is not feasible, file a personal injury lawsuit against the at-fault driver and their insurance company. If they do not have insurance, file a lawsuit against the at-fault driver. This procedure will initiate a new round of discussions. Many cases are settled before going to trial, and having a lawyer by your side can help you go through this process smoothly. Keep in mind that Pennsylvania imposes a two-year statute of limitations for personal injury cases stemming from pedestrian crashes.
- If you have a negligence claim against the government, you must send a written notice of your claim within 6 months of your accident. A government agency can be held responsible for accidents caused by improper road maintenance, broken traffic lights, improperly positioned crosswalks, etc.
- If your case goes to trial, your Philadelphia pedestrian accident lawyer will help you prepare your case. Your attorney will gather evidence and testimonies, evaluate every detail of the case, and prepare to debate the facts of your case in front of a jury.
What to Do If You’re Hit By a Car as a Pedestrian?
Walking alongside a road is a common and routine activity for a lot of people who use foot traffic. The unpleasant truth, however, is that many drivers are negligent. They don’t always notice a pedestrian crossing the street until it’s too late to save their life.
If you have been struck by a car, there are a few things that you need to do as quickly as you possibly can, including the following:
- Seek Medical Assistance and Document Your Injuries: In the event of a collision between a car and a pedestrian, it is essential that the injured parties receive prompt medical attention. The quicker medical aid arrives, the less probable it is that an injured person will develop persistent consequences.
- Call the Police: Even though it may be difficult to recollect details following a severe injury, it is necessary to file a report with the police as soon as possible in order to document the sequence of events that led to the pedestrian injury.
- Don’t Discuss Fault: Never debate who was at fault with the other party or their insurance company. It is preferable to wait and discuss the matter with a Philadelphia pedestrian accident lawyer.
- Contact your Insurance Company: Even though you were a pedestrian at the time of the collision, you should still get in touch with your insurance company as soon as possible to make sure that you are covered for the incident moving forward.
- Seek Legal Help: Our Philadelphia pedestrian accident attorneys at The Villari Firm are well-versed in pedestrian accidents and can help you determine your case.
Call our Philadelphia Pedestrian Accident Lawyer Now!
If you were a pedestrian and a car hit you, The Villari Firm can help you. A reputable legal representation will facilitate a smoother process for all parties in any pedestrian accident. Our Philadelphia pedestrian accident lawyers have a wealth of experience with various types of personal injury claims, and we will look into every possibility for obtaining fair compensation for you and your loved ones.
If you have any inquiries concerning Philadelphia’s rules governing pedestrian accidents or if you’d want us to start looking into your case, now is the right time! Get in touch with us today for a free consultation!