Were you a pedestrian who was hit by a car? Let us help you recover compensation for your pedestrian accident injuries. Call Edelstein Martin & Nelson for a free consultation.
Pedestrians are a common sight in urban areas like Philadelphia, where walking is often combined with riding buses, or even used as a sole method of transportation. They tend to have the right-of-way on most roadways, so they require vigilance by cyclists and motorists. Because pedestrians are physically vulnerable and motorists cannot see them well while backing up or turning, pedestrian accidents can cause serious injuries and death. They are more dangerous than motor vehicle accidents at any speed.
A pedestrian accident can be minor, but it is more likely to result in severe injury, extensive medical treatment, costly medical bills, and lost wages. If you’ve been injured in a Pennsylvania pedestrian accident, the car insurance company of the responsible party is who you will likely collect compensation from, although they may try to deny your claim or offer very little to settle.
The Pennsylvania pedestrian accident lawyers at Edelstein Martin & Nelson, LLP are very familiar with insurance company tactics. We are committed to getting maximum compensation for monetary losses and all other damages for pedestrian accident victims in Pennsylvania. Let us help you by calling us for a free case evaluation.
Pedestrian Accident Injuries
Unlike motorists, pedestrians have no physical protection in a collision, and their size compared to a motor vehicle means it is almost guaranteed they will be severely hurt. They are susceptible to a combination of injuries such as the following:
- Soft tissue damage: Contusions, lacerations, tears, sprains, strains, and dislocations are soft tissue injuries. Although pedestrians recover faster from soft tissue damage than other kinds of pedestrian accident injuries, it is still extremely painful. This type of damage can leave scars and cause long-term problems.
- Broken bones and fractures: It is common for pedestrians to fracture their limbs, joints, and back, and have other serious bone breaks. One type of bone break, the compound fracture, occurs when a piece of broken bone pierces the skin. These bone injuries are severely painful, require surgery, and can result in long-term problems and sometimes even amputation.
- Traumatic brain injuries (TBI): Traumatic brain injuries include any head and brain injury, such as a concussion. They can occur from any forceful impact to the head. Symptoms of a traumatic brain injury are: clear fluid leaking from the ear, headaches, nausea, vomiting, difficulty speaking, sensitivity to light or sound, loss of coordination, dizziness, problems concentrating, anxiety, depression, mood swings, fatigue, drowsiness, and loss of consciousness.
- Spinal cord injury: Every year, pedestrian accidents result in thousands of spinal cord injuries. These life-altering injuries can result in death. An injured pedestrian that survives a spinal cord injury often requires long-term rehabilitation and care.
The above injuries can happen in a few different ways, depending on the impact from the collision. Here are the various ways that injuries can happen in pedestrian accidents:
- Primary impact injuries occur from initial contact with the vehicle.
- Secondary impact injuries are caused when the pedestrian is thrown back over the vehicle.
- Secondary injuries occur when the pedestrian is thrown on the ground.
- Crush injuries are caused by the vehicle running over the pedestrian.
If you’ve been injured by driver negligence, filing a Pennsylvania pedestrian accident claim will exercise your right to seek compensation. A pedestrian accident attorney at Edelstein Martin & Nelson can help you hold the at fault driver accountable for your medical bills, medical expenses, lost wages, and other damages.
Helping Pennsylvania Pedestrian Accident Victims Seek Maximum Compensation for Their Injuries
Many pedestrian accident injuries greatly impact a person’s ability to work as well as their quality of life, whether temporarily or permanently. It is important for those injured in pedestrian accidents to seek medical attention as soon as possible to document their injuries and receive medical treatment. A Pennsylvania pedestrian accident lawyer from our law firm can help you build a strong case to get the maximum compensation you are allowed to obtain by law.
Risk Factors for Pedestrian Accidents
Pedestrian accidents occur for many reasons. Some risk factors that make pedestrian accidents more likely are:
- When a motorist is speeding, making it difficult to stop and avoid crashing into a pedestrian
- The driver is not following traffic laws, such as running a red light
- The driver does not obey traffic control devices or respect the marked crosswalk
- The driver is under the influence of alcohol, which impairs decision-making and physical coordination. Drunk drivers tend to speed, and are more likely to be reckless due to poor judgment.
Speeding is a risk factor that increases the fatality rate in pedestrian accidents. Each speed requires a certain stopping distance to come to a full stop. For example, a vehicle traveling at 30 mph requires 118 feet, while traveling at 25 mph requires 88.5 feet. The survival rate at 18.6 mph is 90%, at 20mph it is 95%, and at 37mph it is 80%.
Distracted driving and distracted walking are also risk factors in many pedestrian accidents. Distracted drivers and pedestrians are typically texting on their cell phones, which takes their attention away from driving or walking. It only takes a second for something terrible to occur under these circumstances.
The time of day and the location are also risk factors that indicate when and where most pedestrian accidents are likely to happen. Fatal pedestrian accidents happen especially after the sun has gone down, when visibility is poor. They are also likely to happen at non-intersections, where there are fewer traffic signals for pedestrians, or at high-traffic intersections.
Poor road conditions, such as slippery roads or fog, make it difficult for motorists to see ahead of and around themselves. This can create a very dangerous situation for pedestrians as well.
Most fatal pedestrian accidents are from collisions with increasingly-popular SUVs and pickup trucks. These larger and heavier vehicles have greater blind spots and carry more force per impact than a sedan or coupe, meaning a greater risk of severe injuries and death.
Unlike a collision with a sedan, which tends to strike the human body below the waist and injure the legs, a collision with a pickup truck or SUV may strike the chest, neck, head, or back.
Why You Should Choose Edelstein Martin & Nelson, Pennsylvania Pedestrian Accident Attorneys
The experienced attorneys at Edelstein Martin & Nelson, LLP have an extensive history of dealing with an array of pedestrian accident cases. Neglect of pedestrian right-of-way traffic laws should never be ignored, especially when injury occurs as a result. If you’ve been severely injured from being struck by a motor vehicle while on foot, you need a Pennsylvania pedestrian accident lawyer who will fight for you to seek fair compensation for the harm you’ve experienced. Edelstein Martin & Nelson goes above and beyond by seeking maximum compensation for pedestrian accident victims.
Pedestrian Accident Statistics
Pedestrian accidents are more common than you think. Although the overall rates of pedestrian accidents have not changed much, fatalities are increasing. Here are some more statistics about pedestrians being involved in automobile accidents.
- 38% of pedestrians suffer from injuries to their neck, face, and head.
- There were 6,283 pedestrian fatalities in 2018, according to the NHTSA.
- 17% of all traffic accident fatalities in the United States are pedestrian deaths.
- In 2018, pedestrian fatalities occurred more in rural areas (53%) and somewhat less in urban areas (47%).
- 2018 statistics showed that pedestrian accident fatalities happen more often at night, as 76% occurred after dark or between 6 pm and 6am.
- Nearly half of all fatal pedestrian accidents involve alcohol, either on the part of the driver or the pedestrian.
- Pedestrians are 1.5 times more likely to be killed in a crash compared to passenger vehicle occupants, according to the CDC.
Pennsylvania Pedestrian Accident Statistics
Pedestrian accidents in Philadelphia and the state of Pennsylvania in general have differences from those in the rest of the country. Here are the statistics only for our state:
- In Pennsylvania in 2020, there were 4,885 pedestrian accidents according to PennDOT.
- There were 185 pedestrian fatalities in Pennsylvania in 2020, which accounted for 17% of all traffic accident fatalities in the state.
- In Pennsylvania, the most common risk factors for pedestrian accidents are driver inattention, failure to yield to pedestrians, and pedestrians failing to cross within crosswalks.
- PennDOT also reported that in 2020, Philadelphia had 1,764 pedestrian accidents and 63 fatalities. That means Philadelphia had the most pedestrian crashes and deaths in the state that year.
- Many pedestrian accidents in Pennsylvania involve alcohol. It was a contributing factor in 14% of all pedestrian crashes in the state in 2020.
Which Pedestrians Are Most at Risk?
A pedestrian is anyone who is traveling by foot, whether they are walking in the parking lot of a shopping center, crossing an intersection, or walking alongside public roadways or in school zones. With that being said, there are certain demographics of pedestrians that are more likely to be pedestrian accident victims than others.
- The most vulnerable pedestrians are children and the elderly. In Pennsylvania in 2020, 19% of all pedestrian accidents involved children under the age of 18, while 20% involved adults over the age of 65.
- Men are more likely to be in pedestrian accidents than women. 69% of pedestrian accident fatalities in 2018 were men.
A driver failing to share the road with you could cause you immense pain and suffering, missed time from work, medical bills and other expenses, and possible long-term issues. You may find that you need to recover physically, mentally, and financially. Your recovery is important to us. When you consult an experienced attorney from Edelstein Martin & Nelson, we will help you pursue compensation for what you need to recoup your losses and get you on the road to recovery.
Your Rights As a Pedestrian in Pennsylvania
Pedestrians have an equal right to use the road as motorists and bicyclists. According to PennDOT, there are certain right-of-way laws for pedestrians. Drivers must yield to pedestrians crossing a marked crosswalk, but are not required to do so until they are within it. Pedestrians must obey traffic control devices and when outside of crosswalks, yield to motorists.
Jaywalking is not illegal in Pennsylvania. However, pedestrians should not cross roadways outside of crosswalks or cross diagonally.
Pennsylvania law apportions fault based on the rule of modified comparative negligence. This means that pedestrian accident victims who were injured can recover damages even if they were partially at fault. As long as their fault was less than 51%, then they can pursue compensation. This rule also means that their potential amount of recovery will be reduced by their percentage of fault. For example, if you were 30% at fault, then you will receive 30% less compensation.
If you were injured in a pedestrian accident due to a motor vehicle collision, the insurance company of the negligent party will try to minimize your damages. An experienced pedestrian accident lawyer from Edelstein Martin & Nelson is best equipped with the resources and investigation skills you need to account for all damages you are entitled to receive compensation for.
Who pays for my damages after a pedestrian accident?
Typically, it will be the insurance company of the at-fault motorist who will pay for your damages in the incident, assuming you are not at fault or less than half at fault for what happened. Bodily injury liability coverage, required for all motorists by law in Pennsylvania, covers medical expenses, rehabilitation expenses, and other damages for which the negligent driver is found liable. There may be more than one liable party as well, depending on the unique circumstances of your case.
Who is at fault when a car hits a pedestrian?
It seems simple to answer who is at fault in a pedestrian accident when the pedestrian often has the right-of-way, but it’s a little more complicated. If the pedestrian was following the crossing signal, looks both ways, and crosses within the crosswalk, the responsible party is the driver that struck them. But if the pedestrian was not following traffic signals or looking both ways before crossing, looking at their cell phone while walking, or chasing after an object in the street, they could be at fault. If they were walking while drunk or on drugs or were wearing dark clothing at night, they could also be at fault. If you aren’t sure who was at fault in your accident, contact our law office for a free consultation.
Pedestrian Accident Damages You May Be Able to Recover
You may be able to seek financial compensation for damages sustained in a pedestrian accident, including the following economic and non-economic losses:
- Lost wages
- Medical bills
- Medical expenses
- Future medical treatment
- Pain and suffering
- Loss of enjoyment of life due to catastrophic injury
Minor injuries do not typically require the assistance of a lawyer to file a personal injury claim. But if you require extensive medical treatment or have serious injuries, an experienced attorney can accurately assess your damages and fight to ensure you are compensated for them.
Dealing With the Insurance Company
If you were struck by a motor vehicle while walking, you may be entitled to compensation for financial and other damages you sustained as a result of your injuries. You do not deserve to have the insurance company of the responsible party attempt to blame you to avoid giving you a settlement, nor do you deserve to be offered a settlement that is less than what you have suffered.
To seek maximum compensation, you need an experienced lawyer who has dealt with similar and even worse cases. The pedestrian accident attorneys at our law firm have successfully won maximum compensation for many different types of cases, including cases involving permanent disability and wrongful death.
How Much Time Do I Have to File a Pedestrian Accident Lawsuit?
In Pennsylvania, an injured pedestrian has a 2-year statute of limitations to file a claim. This means they have 2 years starting from the date of the accident to bring a lawsuit against the negligent driver. However, you should never wait until you are close to your statute of limitations to contact an attorney. The lawyer will need time to investigate and build your case before filing, when possible.
Pedestrian Safety Tips
These tips can help increase pedestrian safety:
- Follow all traffic signs, traffic signals, and right-of-way traffic laws.
- Keep to the sidewalk as often as possible. If there is no sidewalk, walk as far to the left of the road as you can while facing traffic and cross during a safe, well-lit opening.
- Use a crosswalk whenever it is available and look for cars in all directions, including in the turning lanes.
- Watch out for cars coming out of parking lots and garages.
- Avoid drinking alcohol or doing drugs before walking, so you can stay alert.
File Your Pedestrian Accident Claim with Our Philadelphia Attorneys
It is your right to walk on roadways, according to traffic laws. Driver negligence that threatens pedestrian safety threatens all of us, since we’re all pedestrians at one point or another. If you’ve had a pedestrian accident in Pennsylvania, you deserve to recover compensation from the negligent party so you can resume your life.
We at Edelstein Martin & Nelson have successfully represented many pedestrian accident cases, and we offer you a free consultation with one of our experienced lawyers. Your pedestrian accident case is important to us, and you are entitled to protect your rights. Call us at 1-888-208-1810 to review your legal options today.