Philadelphia Pedestrian Accident Attorney
We Represent Injured Pedestrians in Philadelphia and Throughout All of Southeast Pennsylvania
Walking is a healthy and cost-effective form of transportation and recreation. Unfortunately, the roads and sidewalks in and around Philadelphia are not always as safe as they should be. Being hurt in a pedestrian accident still remains a serious safety problem.
Following a pedestrian accident, it is crucial that injured victims are able to access full and fair financial compensation. If you were hurt or someone close to you was killed, you might realize that you have legal remedies under state law. However, it can be difficult to know where to begin with enforcing your rights.
Our team at Quinn Injury Lawyers has extensive experience representing victims of pedestrian accidents, so we are ready to pursue the at-fault motorist for damages. We will protect your interests in settlement negotiations, but we will take your case to court to ensure full and fair compensation. Please contact our firm to schedule a free case evaluation with a Philadelphia pedestrian accident attorney who can explain the details.
You may also benefit from reviewing some background information about the process. Call us now for a free consultation.
Pedestrian Safety Remains a Serious Public Safety Concern in Philadelphia
Pedestrian accidents are not at the top of the list when it comes to traffic crashes, but data indicates that people on foot are disproportionately affected by collisions. The Pennsylvania Department of Transportation (PennDOT) reports that just 3.3 percent of all accidents involve pedestrians, yet these incidents lead to 14.5 percent of all traffic-related fatalities. In total, there are more than 4,100 accidents, causing 170 deaths and almost 4,100 injuries to pedestrian accident victims.
The vast majority of pedestrian accidents could and should have been prevented if only all parties had taken property safety precautions. Too many motorists fail to take due care when around pedestrians.
What to Do After a Pedestrian Accident in Philadelphia
The immediate aftermath of a serious pedestrian accident is confusing, it is chaotic, and it can be overwhelming. You can be sure that the insurance company will waste no time putting together its defense. Knowing what to do can make all of the difference.
Here are four things that you should take after a major pedestrian accident in Southeastern Pennsylvania:
- Attend to Medical Needs First: If you or anyone else involved in the pedestrian accident has sustained injuries, it is important to seek medical attention as soon as possible. For clear and obvious reasons, a severe injury requires a prompt trip to the nearest emergency medical center. Though, less-severe pedestrian accident injuries should also be evaluated right away.
- You cannot bring a personal injury claim for compensation without medical documentation.
- Report the Pedestrian Accident to Police: All pedestrian collisions that result in injuries should be reported to law enforcement. It is in your best interests to ensure that your pedestrian accident is reported—it will make it easier to pursue justice and compensatory damages. Report the crash to the Philadelphia Police Department or another state or local law enforcement agency.
- Document Your Accident and Injuries: The more details that you have, the easier it will be to pursue a pedestrian accident injury claim. It is essential to comprehensively document your crash and your injuries as thoroughly as possible. Along with other measures, this may include taking photos of the scene of the accident and the damage to your vehicle, documenting your injuries, and securing any other relevant evidence or information.
- Consult With a Philadelphia Pedestrian Accident Attorney: One of the most important details to understand about pedestrian accident claims is: The insurance company is not on your side. You cannot trust an insurer to look out for your best interests—even if it is your own provider. Consult with an experienced Philadelphia, PA pedestrian accident lawyer right away after the accident.
The Most Common Pedestrian Accident Injuries
It is no secret that pedestrians have limited protection. Pennsylvania considers pedestrians to be vulnerable road users. Unfortunately, when these types of crashes happen they can often result in severe injuries. All injuries require immediate medical care.
The most common injuries sustained in pedestrian accidents include:
- Fractures: These can range from simple fractures to more complex ones that require surgery.
- Head Injuries: These can range from mild concussions to more severe traumatic brain injuries (TBIs).
- Spinal Cord Injuries: These can result in partial or complete paralysis, depending on the severity of the injury.
- Soft Tissue Injuries: These can include bruises, sprains, strains, muscle damage, whiplash, and other forms of soft tissue damage,
- Lacerations: These cuts can be deep cuts that require stitches or even surgery to repair.
- Amputations: In severe pedestrian accident cases, pedestrians may suffer amputations as a result of an accident.
- Psychological Injuries: The emotional trauma of being involved in a pedestrian accident can result in anxiety, depression, and other psychological issues.
Liability in Pedestrian Accident Claims
Even though you were not in a motor vehicle, many of the same laws apply when you pursue your legal options. For purposes of liability, you must prove the essential elements of negligence:
- The responsible driver had a duty to drive safely and avoid causing a risk of harm to any road users, including those on foot.
- The other motorist breached the legal duty of care through unsafe, careless driving.
- The breach of duty was the direct cause of the collision in which you were injured, such that you would not have been hurt but for the breach.
- You suffered physical, financial, and emotional losses because of your injuries.
Examples of motor vehicle negligence include speeding, running red lights, failure to yield to pedestrians, and making illegal lane changes. However, drunk and distracted driving also impacts those walking around traffic. When a motorist is impaired by alcohol or not paying attention to the road, fatal pedestrian accidents are more likely.
Pennsylvania Law For Comparative Negligence
The concept of negligence also applies to your own actions in a pedestrian accident, and it can lead to unexpected consequences. Pennsylvania follows the law of comparative negligence, in which the compensation of a pedestrian accident victim is reduced when he or she was also at fault for causing an accident. The reduction is based upon the apportionment of fault, i.e., how much responsibility is assigned to the driver versus the walker.
- A pedestrian who recovers $100,000 in a claim will only receive $70,000 when assigned 30 percent of the liability.
- If the pedestrian was 51 percent at fault, he or she is barred from obtaining any compensation.
One key concern is alcohol impairment. Around one-third of all pedestrians who were killed in crashes had a blood alcohol concentration (BAC) of .08 percent. Being legally drunk while walking could be a type of negligence that prevents you from recovering monetary damages.
Comparative negligence could also reduce compensation if you were jaywalking, crossing the street against the light, or listening to headphones.
Legal Process for Recovering Compensation for Pedestrian Accidents
Your first step is filing a claim with the insurance company that covers the at-fault motorist, which kicks off settlement discussions. It may be possible to work out an agreement but keep in mind that the insurer protects its own interests. These companies often deny rightful claims or make lowball counteroffers to minimize their losses.
If the company refuses to pay fair monetary damages, the next step is suing in court. The Quinn Injury Lawyers will advocate on your behalf during dealings with the insurance company, and we are prepared to take your pedestrian accident case to court. Philadelphia pedestrian accident attorneys will fight to ensure you receive amounts for:
- All medical bills for emergency care, surgery, hospitalization, and treatment from specialists.
- Lost wages if you were not able to work because of your injuries.
- Pain and suffering.
- Emotional distress.
- Scarring and disfigurement; and,
- Many other losses impact your quality of life.
Why Rely On Philadelphia Pedestrian Accident Lawyer Sean E. Quinn
Navigating a pedestrian accident claim is never easy. It is entirely normal to feel stressed out by the process. You do not have to go through these things alone. A nationally recognized trial lawyer, our founder Sean E. Quinn fights aggressively to protect injured pedestrian accident victims and maximize their settlement or verdict.
When you reach out to our Philadelphia law office, you will be able to connect with a Philadelphia pedestrian accident lawyer who can:
- Hear your story and answer your legal questions.
- Investigate your pedestrian accident.
- Take care of the legal paperwork.
- Handle correspondence with defendants and insurers.
- Advocate for you in settlement discussions.
- Develop a strategy to get you the best outcome.
Speak to a Philadelphia Pedestrian Accident Lawyer
It is helpful to know the legal process, but you will need skilled legal representation to support you in a real-life pedestrian accident claim. For additional details, please get in touch with the law firm of Quinn Injury Lawyers at (215) 352-3443 or visit our website. We can set up a no-cost case review with a Philadelphia personal injury lawyer who will advise you on the process.
From our Philadelphia law office, we represent injured pedestrians throughout Southeastern Pennsylvania and South Jersey.
“Sean is a trial attorney who holds himself to the highest standards for every case and client he works for. I have experience working with hundreds of lawyers and Sean goes above and beyond normal expectations. Clients are lucky to have someone as dedicated and talented as Sean to represent them in court.”