Philadelphia Pedestrian Accident Lawyers
Millions of people walk throughout the city of Philadelphia every day. Whether they are heading to work or school or just want a little exercise, these individuals are out in the open and vulnerable to the negligent actions of motorists and other parties. If you or a loved one is injured in a pedestrian accident in Philadelphia, Pennsylvania, you need solid legal representation to demand the financial compensation you deserve.
Cousin Benny Personal Injury offers free consultations to injury victims and their families. We can discuss your legal rights and options during a free case evaluation. Call us today to learn more.
Is Philadelphia a Safe Place to Walk?
Philadelphia has a Walk Score of 74.8, making it a highly regarded walkable city. It is ranked as the seventh most walkable city in North America. However, these statistics do not mean that pedestrian accidents never happen here.
According to the Governors Highway Safety Administration, 192 people died in fatal pedestrian accidents in 2023. Thousands of pedestrian accidents occurred that year. Roosevelt Boulevard and Bustleton Avenue is one of the most deadly corridors for pedestrians in the city.
Some of the hazards that can threaten pedestrian safety in Philadelphia include the following:
- Lack of parking, which causes more people to walk in heavily congested areas
- Heavy tourism, which involves many drivers who are not familiar with the area
- Distractions from motorists and pedestrians
- Heavy construction, which can result in construction sites without adequate warnings to passersby, or forces pedestrians closer to traffic
- Sidewalks that are closed off due to construction or are under repair
- Obstructions in the walkway
- Lack of accessibility for pedestrians with disabilities
- Inclement weather
Common Causes of Philadelphia Pedestrian Accidents
Pedestrian accidents in Philadelphia occur for various reasons, including the following:
- Speeding: Speeding increases the amount of time that a driver will need to come to a stop once they recognize a hazard. When drivers speed, they may not have adequate time to stop before hitting a pedestrian.
- Distracted driving: Drivers who are talking on a phone, texting, eating, drinking, talking to passengers, or engaging in other distractions are less likely to pay attention to the road and more likely to cause accidents with pedestrians.
- Impaired driving: Drunk driving and drugged driving are unfortunately common causes of all types of motor vehicle accidents. Drugs and alcohol can impair a driver’s ability to safely operate their vehicle and dramatically increase the likelihood of auto accidents.
- Drowsy driving: Construction workers, factory workers, truck drivers, and night-shift workers may be tired while traveling home. Fatigued driving resembles many of the effects of alcohol.
- Weather: Pennsylvania can have harsh winters, resulting in an accumulation of ice, snow, sleet, and hail that can make sidewalks and walkways slippery. Motorists may drive too fast for these conditions, increasing the likelihood of causing an accident.
- Failing to yield the right of way: Some motorists may not yield to pedestrians when making a turn.
- Failing to check for pedestrians: Motorists may fail to check for pedestrians crossing the street, in a crosswalk, or near the roadway, putting them in danger.
Different Types of Pedestrian Accident Claims
Pedestrian accidents can involve different types of legal claims, depending on the parties and circumstances involved. Some common types of pedestrian accident claims include the following:
Motor Vehicle Accidents
Pedestrians may be hit by motor vehicles when drivers fail to keep a proper lookout for them, are distracted, or are violating traffic laws.
Hit-and-Run Accidents
Sometimes, drivers get scared after hitting a pedestrian and leave the scene of the accident. The Philadelphia Police Department makes about 40 hit-and-run reports each day. If you are a pedestrian who was hit or you lost a loved one in a hit-and-run, you may have various legal options.
You can cooperate with law enforcement and try to find the party responsible for your injuries. If the at-fault driver is located, you can file a claim with their liability insurance provider. You could also consider filing a personal injury lawsuit against them.
You may be able to file a claim with your uninsured motorist coverage if the hit-and-run driver cannot be located. If you are a blood relative of an insured driver, you may be covered under their policy. An experienced attorney can review your insurance coverage and inform you of your options.
Multi-Vehicle Accidents
Some pedestrian accidents involve multiple vehicles. For example, two vehicles may have crashed, causing a chain reaction of crashes behind them. Nearby pedestrians could be hit in these accidents, along with other vehicles.
These types of car accident claims can be challenging to navigate due to their complex nature, involving multiple parties and insurance companies. Multiple claims may be filed, too, so there may not be enough insurance money to go around to pay for everyone’s medical treatment and other losses.
Bicycle Accidents
Other road users, such as bicyclists, scooter riders, or skateboarders, cause some pedestrian accidents.
SEPTA Bus Accidents
SEPTA bus accidents can occur when bus drivers fail to look out for pedestrians or when pedestrians enter their blind spots. Personal injury claims against SEPTA are different from other types of legal claims because they involve the government. Special rules surrounding immunity and statutes of limitations apply to SEPTA cases.
Truck Accidents
Other pedestrian accidents involve semi trucks, delivery trucks, dump trucks, and other trucks. Large vehicles may have correspondingly large blind spots and be more difficult to maneuver. Various parties can be involved in truck accident claims, such as truck drivers, trucking companies, truck owners, cargo loading companies, and others.
Sidewalk Accidents
Some pedestrian accidents can occur on sidewalks due to issues such as:
- Ice and snow
- Potholes and cracked pavement
- Drainage issues
These cases can involve complex legal issues surrounding property owner responsibilities.
What Must I Prove to Recover Compensation in a Pedestrian Accident Case?
Most pedestrian accident cases are based on the legal concept of negligence. Under this legal theory, you must prove the following:
- Duty of care: Duty is the responsibility a party has to prevent harm to another.
- Breach of duty: Breach of duty is the failure to meet the duty of care.
- Causation: Causation is the link between he breach of duty and the accident.
- Damages: Damages are the losses you sustain as a result of the accident, such as medical bills and lost wages.
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What Compensation Can I Recover After a Pedestrian Accident?
Pedestrian accident victims may suffer serious injuries, including traumatic brain injuries, spinal cord injuries, scarring and disfigurement, and other life-altering injuries. Through a personal injury claim, you can seek compensation for economic and non-economic damages, such as:
- Hospital bills
- Medical expenses
- Past and future lost earnings
- Reduction in earning capacity
- Physical disabilities and impairments
- Property damage
- Physical pain and suffering
- Mental anguish
- Emotional distress
- Grief and emotional suffering in wrongful death cases
- Loss of enjoyment of life
- Loss of love and companionship
An experienced personal injury attorney can carefully review your case to determine the economic and non-economic damages to which you are entitled.
Do I Have the Right of Way Outside of a Crosswalk?
According to Section 3542 of the Pennsylvania Consolidated Statutes, pedestrians must obey traffic control signals when they are in place. However, if they are not in place or operational, the driver of a vehicle must yield the right-of-way to a pedestrian crossing the roadway within any marked or unmarked crosswalk at an intersection.
If there was no crosswalk, the injured pedestrian may still pursue compensation if the motorist did not drive safely. If the insurance company, judge, or jury determines that the driver was not acting in a reasonably safe manner, they could be held liable for the injuries.
How Can Your Philadelphia Law Firm Help Me?
Our personal injury law firm has extensive experience handling traffic-related accidents. We can investigate your accident and identify the at-fault parties by:
- Visiting the accident scene
- Reviewing police reports
- Preserving CCTV footage
- Obtaining witness statements
- Hiring accident reconstruction experts, as necessary.
We identify all your bodily injuries and the medical costs associated with them. We handle your insurance claims and fight for a fair settlement on your behalf. Our trial attorneys won’t hesitate to file a negligence lawsuit if you are not offered a reasonable settlement. Contact a pedestrian accident injury lawyer from our firm today to get started with your legal claim.
Contact Cousin Benny Personal Injury for a Free Case Evaluation
If you were injured in a pedestrian accident in Philadelphia, you can rely on Cousin Benny Personal Injury for legal assistance. We build a case tailored to your specific situation and targeted to achieve your particular objectives. Contact us today for a free consultation with an experienced Philadelphia pedestrian accident lawyer.