Walking is something we do so routinely that we hardly ever think about safety. We really should not have to wonder if we will be safe when we stroll down a sidewalk or across a pedestrian crosswalk. Unfortunately, the reality is much different.
At Soloff & Zervanos, P.C., we know that pedestrian crashes happen at alarming rates, particularly in and around the city. If another person’s negligence has caused you harm, we are ready to help. When you need a Philadelphia pedestrian accident attorney, call us today so we can secure the compensation you deserve.
These Are Serious Incidents
The last thing you should ever have to worry about when you are on foot is that you will get injured, but we know that pedestrian crashes happen. For the latest reporting year in Pennsylvania, there was a total of 4,293 pedestrian crashes. Out of those, there were:
- 4,106 injuries
- 150 fatalities
Nearly every pedestrian crash results in an injury or a fatality because pedestrians do not have armor. There are no airbags to protect them from the force of a vehicle or the ground. It is not uncommon for us to see the following injuries as a result of a pedestrian crash:
- Traumatic brain injuries/head injuries
- Spinal cord injuries/paralysis
- Internal organ damage/internal bleeding
- Broken or dislocated bones
- Severe lacerations or amputations
In many cases, victims of pedestrian crashes remain hospitalized for long periods of time undergoing multiple surgeries and rehabilitation. If a victim is disabled and unable to return to work, their lost income will greatly affect their finances.
What many people and insurance companies do not think about are the hidden costs associated with these crashes. This includes that lost income as well as things like emotional and psychological damages as well as a loss of enjoyment of life. These things are hard to put a price tag on.
Where These Crashes Happen
Often, we find that these crashes happen in areas where the pedestrian has the right-of-way. This can include places like:
- Parking lots
Drivers sometimes ignore pedestrian right-of-way out of impatience. We need to point out that even impacts at low speeds can cause severe pedestrian injuries. We also know that the following drivers pose an extreme danger to pedestrians:
- Those impaired by drugs or alcohol
- Those distracted by their phones or other devices
- Those who speed or operate aggressively
What We Can Do
If you or someone you love has been injured in a pedestrian accident due to the negligence of someone else, you may be eligible for compensation. At Soloff & Zervanos, P.C., we want to help you get through this. We will get to work on investigating your case and securing the compensation you deserve. This can include coverage for:
- Your medical expenses related to the accident
- Lost income and benefits if you cannot work
- Pain and suffering damages
- Loss of enjoyment of life damages
- Possible punitive damages against the person responsible
Cars hitting pedestrians is a common occurrence here in Philadelphia and all across Pennsylvania. Thousands of pedestrians get killed on U.S. roads each year, and hundreds of thousands suffer injuries.
Two common types of injuries suffered by pedestrians are brain injuries and spinal cord injuries, but such injuries as broken bones, loss of a limb, concussion, and lacerations are also prevalent among injured pedestrians.
You do not need to be a legal expert to get compensation for your pedestrian accident injury. All you need is to hire a Philadelphia pedestrian accident attorney from Soloff & Zervanos, P.C., to hold the distracted, drunk, fatigued, reckless, careless, or otherwise negligent car driver liable for your injury.
Who Pays My Medical Expenses After a Pedestrian Accident?
If someone told you that you have to pay your medical bills from your own pocket and then get reimbursed, that person is either clueless or trying to deceive you. Injuries stemming from pedestrian accidents usually entail expensive medical treatments and costly surgeries, but you do not have to pay for your medical expenses because there is a special law in Pennsylvania that protects pedestrians.
Our Philadelphia pedestrian accident lawyer explains that this law ensures that the injured pedestrian’s medical bills are covered up to the amount stated in an applicable insurance policy. You can get coverage for your medical expenses by filing for a Personal Injury Protection (PIP) claim.
Under Pennsylvania’s injury coverage law, the injured party can make a claim under the policy of:
- Their own insurance company.
- Their spouse or parent’s insurance company.
- The at-fault motorist’s insurance company.
“In other words,” explains our Philadelphia pedestrian accident attorney, “You can make a claim under your own car insurance policy if you have purchased one.” If you do not carry auto insurance coverage, you may be able to make a claim under your household member’s policy. If the latter option is not available, you may be able to file a claim against the negligent driver’s insurer.
What is Covered in Pennsylvania’s Personal Injury Protection Claim?
In Pennsylvania, filing a PIP claim means that you can obtain coverage for your medical bills, lost wages, and any out-of-pocket expenses associated with your injury. Under Pennsylvania law, there is a requirement to carry at least $5,000 per person, though many motorists purchase higher coverage up to $15,000 or $20,000.
If the PIP coverage is not sufficient to cover your medical bills or PIP benefits run out, you still have a right to file a lawsuit against the at-fault party to seek compensation. To make this happen, you will most likely need help from a Philadelphia pedestrian accident lawyer.
Who’s Negligent If a Pedestrian Crossed in the Middle of the Road in Pennsylvania?
Many pedestrians in Pennsylvania get injured when crossing in the middle of the road instead of crossing at a crosswalk or intersection that has a traffic light. Who is negligent in this situation, the pedestrian or car driver who truck the pedestrian?
In this particular situation, the pedestrian has a duty to yield the right of way to the car driver regardless of the speed of the motor vehicle. However, the car driver may still share liability if he or she violated a traffic rule (i.e., distracted driving).
It is advised to speak with a Philadelphia pedestrian accident attorney from Soloff & Zervanos, P.C., to determine liability in your case. Do not make assumptions, or worse, admit fault. Let us investigate your case.
FAQs for Philadelphia Pedestrian Accident Lawyer
With Philadelphia roads being heavily overcrowded, an increasing number of residents and visitors opt for walking on pedestrian-friendly sidewalks as a safer, healthier, and more convenient alternative to driving.
Studies show that walking can lower your blood pressure and cholesterol, trim your waistline, improve memory and cognitive function, and lower stress, among other health benefits.
Although Philadelphia is a pedestrian-friendly city, it does not change the fact that the state of Pennsylvania sees more than 4,000 pedestrian accidents each year.
A motorist can collide with an unsuspecting and vulnerable pedestrian if he or she is texting while driving. In fact, even the smallest mechanical failure can lead to a pedestrian crash. Regardless of what caused your pedestrian crash injury, talk to our Philadelphia pedestrian accident lawyer at Soloff & Zervanos, P.C., to review your claim and pursue compensation.
When Does a Pedestrian Have the Right of Way in Pennsylvania?
Pennsylvania has very specific laws regarding who has the right of way:
- If there are no traffic signals in a crosswalk or at an intersection, the pedestrian has the right of way. However, running into the path of a vehicle is prohibited by law.
- A pedestrian is required to yield the right of way to a vehicle when crossing the road anywhere other than in a crosswalk or at an intersection.
- Jaywalking is against the law in Pennsylvania unless doing so is directed by a traffic controller or police officer.
- When there is no sidewalk available for use, a pedestrian must walk at the shoulder of the road or the outside of the road (as close to the curb as possible).
- Motor vehicles entering the sidewalk from driveways, alleys, and other locations must yield the right of way to pedestrians on a sidewalk.
How Can a Pennsylvania Pedestrian File an Insurance Claim After an Accident?
Contrary to popular belief, an auto insurer pays for your injuries and damages sustained in a crash even if you were not driving at the time of the accident. In Pennsylvania, you can use your own Personal Injury Protection (PIP) coverage if you were struck by a vehicle while walking.
But what are your options if you, as a pedestrian, do not have a car insurance policy? In most cases, pedestrians with no auto insurance can use their family member’s car insurance or file a claim against the at-fault driver’s insurer.
If none of the options is available, you should speak to a Philadelphia pedestrian accident attorney. Your lawyer will help you get access to the Unsatisfied Claim and Judgment Fund (UCJF), which provides compensation to persons who were hit by uninsured motorists. To get the UCIF benefits, you must file a Notice of Intention to Make a Claim (NOI) within 180 of the crash.
How Can a Philadelphia Pedestrian Accident Lawyer Help?
Of course, an attorney cannot undo what happened or make your injuries or pain go away. But a lawyer can and will make sure that you receive the money that you need to pay medical bills, cover loss of income, and get your life back on track.
Our Philadelphia pedestrian accident attorney from Soloff & Zervanos, P.C., will use his legal prowess and knowledge to help persons who have been struck by vehicles by:
- Investigating the scene where the crash occurred;
- Collecting and preserving all pieces of evidence to build a concrete and compelling case;
- Protecting your rights;
- Negotiating with insurance companies;
- Ensuring that your personal injury settlement reflects the full extent of your damages and losses;
- Handling the paperwork;
- Taking care of any upfront costs;
- Representing your best interests while allowing you to focus on recovery; and
- Preparing for your personal injury case.
Contact our lawyers to begin working on your case. Let us evaluate how much your pedestrian accident case is worth.