Pedestrian Accident Attorney in Philadelphia, Pennsylvania
Walking remains a common commuting option for residents of Pennsylvania. However, a lot of these pedestrians are often exposed to the dangers of the road. According to the 2020 Pennsylvania Crash Facts and Statistics report, there were 2,788 pedestrian injuries and 146 pedestrian fatalities statewide. Due to lack of protection, pedestrian accidents are often devastating and can result in minor or catastrophic injuries, such as fractures, soft tissue damage, emotional traumas, traumatic brain injuries, spinal cord injury, or even death.
If you or someone you know were hurt in a pedestrian accident caused by someone else's negligence, you may pursue fair compensation. At Richard L. Vanderslice, P.C, we are dedicated to providing detailed legal guidance and compassionate representation to pedestrian accident victims and their family members. Our experienced Pennsylvania personal injury attorneys can evaluate and investigate the surrounding facts of your situation, fight vigorously to protect your legal rights, and help pursue rightful compensation for your injuries, damages, additional pain and suffering, or loss.
Richard L. Vanderslice, P.C. proudly serves clients in Philadelphia, Pennsylvania, and the neighboring areas of Philadelphia County, Montgomery County, and Delaware County.
Determining Liability in a Pedestrian Accident
Determining the at-fault party is often an important requirement to seek compensation following a pedestrian accident. However, the Commonwealth of Pennsylvania is a "no-fault" insurance state. This means that, notwithstanding who was at fault for the pedestrian accident, you will turn to your personal injury protection (PIP) policy or the driver’s policy to recover compensation (medical benefits) for your injuries.
Right of Way Rules
Under Pennsylvania laws, a pedestrian on a sidewalk has the right of way. Pursuant to Pennsylvania Consolidated Statutes Title 75 Section 3542(a), "when traffic-control signals are not in place or not in operation, the driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection."
However, every pedestrian crossing a roadway at any point other than within a crosswalk at an intersection or any marked crosswalk shall yield the right-of-way to all vehicles upon the roadway (Pennsylvania Consolidated Statutes Title 75 Section 3543(a)).
Here are some responsibilities of pedestrians under Pennsylvania traffic laws:
Pedestrians must obey the instructions of police officers and traffic controllers.
Pedestrians must obey all traffic signals.
Pedestrians shall yield to the vehicle when not crossing a crosswalk or intersection.
Pedestrians must use sidewalks if available.
Pedestrians shall not leave a curb suddenly or walk into the path of an oncoming vehicle.
Hitchhiking is prohibited. No person shall stand on a roadway for the purpose of soliciting a ride.
Pedestrians must yield to emergency vehicles.
Here are some responsibilities of drivers under Pennsylvania traffic laws:
Drivers must drive with reasonable care and obey all traffic rules and regulations.
The driver must give the right of way to a pedestrian in a crosswalk or at an intersection.
The driver of a vehicle emerging from or entering an alley, building, private road, or driveway shall yield the right-of-way to any pedestrian approaching on sidewalks.
The driver of a vehicle shall yield the right-of-way to any totally or partially blind pedestrian carrying a clearly visible white cane or accompanied by a guide dog.
The driver of any other vehicle approaching from the rear shall not overtake and pass a vehicle stopped to permit a pedestrian to cross the roadway.
Determining Fault in a Pennsylvania Pedestrian Accident
As mentioned earlier, the Commonwealth of Pennsylvania is a "no-fault" insurance state. Drivers in the state are required to carry minimum PIP coverage of:
$5,000 in medical benefits
$15,000 bodily injury liability per person
$30,000 total bodily injury per accident, and
$5,000 property damage
If you're a pedestrian involved in an accident, the PIP policy of the car or driver involved in the accident will cover your medical treatment and other out-of-pocket losses.
Modified Comparative Fault State
Additionally, Pennsylvania follows the modified comparative fault principle. Under the system, a person involved in an accident may recover damages as long as their negligence is less than or equal to (50% or less) the causal negligence of the defendant. However, your damages will be reduced by your percentage of fault.
The following damages may be recovered by filing a pedestrian accident claim:
Out of pocket expenses
Lost income and benefits
Compensation for your physical pain and emotional suffering
Loss of ability to enjoy life
Embarrassment and humiliation
Statute of Limitations
Under Pennsylvania laws, pedestrian accident victims will have up to two years from the date of the accident or injury to commence a personal injury action to recover damages for their injuries.
How a Knowledgeable Personal Injury Attorney Can Help
Dealing with the impacts of a pedestrian accident can be overwhelming. Especially if you sustained severe injuries, the accident can affect you physically, financially, and mentally. Luckily, you don't have to face the challenges all by yourself. Hiring an experienced personal injury attorney is a crucial step towards protecting your legal rights and pursuing the financial justice that you deserve.
At Richard L. Vanderslice, P.C., we have the experience and resources to help you hold the parties responsible for your injuries accountable. As your legal counsel, we will review all the details of your unique situation, carry out an in-depth investigation, and seek to establish liability and estimate case value. Also, we will handle all communications and negotiations with the insurance company and represent you diligently in every stage of the legal process. Having our team on your side can improve your chances of getting a favorable outcome in your pedestrian accident claims.
Pedestrian Accident Attorney Serving Philadelphia, Pennsylvania
If you or a loved one were injured in a negligent pedestrian accident, you may recover damages. Contact Richard L. Vanderslice, P.C. today to schedule a case evaluation. We can fight vigorously to protect your rights and help pursue rightful compensation for your injuries, damages, or loss. We're proud to serve clients throughout Philadelphia, Philadelphia County, Montgomery County, and Delaware County, Pennsylvania. Call us today to get the help you need.