Pedestrian accidents are some of the most devastating incidents on the road, often leaving victims with severe injuries, emotional trauma, and overwhelming legal challenges. If you've been injured as a pedestrian in Philadelphia, understanding your rights and navigating the claims process is essential to securing the compensation you deserve. With the guidance of the experienced personal injury attorneys at van der Veen, Hartshorn, Levin & Lindheim, you can take control of your case and focus on your recovery.
Understanding Pedestrian Accident Liability in Pennsylvania
In Pennsylvania, liability for pedestrian accidents is determined using a comparative negligence system. This means that multiple parties may share responsibility for an accident. While drivers are often at fault, pedestrians may also bear partial responsibility if, for example, they jaywalk or cross against traffic signals.
Under Pennsylvania's comparative negligence rule, you can still recover damages as long as you are not more than 50% at fault. However, your compensation may be reduced based on your degree of responsibility.
Key Elements to Prove in a Pedestrian Accident Claim
To succeed in a Philadelphia pedestrian accident claim, you must demonstrate four key elements:
- Duty of Care: The driver had a legal obligation to operate their vehicle safely.
- Breach of Duty: The driver failed to fulfill this obligation, for example, by speeding, running a red light, or being distracted.
- Causation: The driver's breach of duty directly caused your injuries.
- Damages: You suffered measurable harm, such as medical expenses, lost wages, or pain and suffering.
Your lawyer will work diligently to gather evidence supporting these elements, building a strong case on your behalf.
Steps to Take After a Pedestrian Accident in Philadelphia
If you're involved in a pedestrian accident, taking the right steps can significantly impact the outcome of your claim. Here’s what you need to do:
Seek Immediate Medical Attention
Your health is the top priority. Even if you feel fine initially, adrenaline and shock can mask serious injuries. It’s essential to see a doctor as soon as possible to get a thorough evaluation and proper treatment. These medical records will serve as crucial evidence in your claim, documenting the extent of your injuries and their connection to the accident.
Contact the Police
Report the accident to the authorities and request an official police report. The report will include details about the accident, witness statements, and any traffic violations, which can be a valuable piece of evidence to support your case.
Document the Scene
If you’re physically able, gather evidence at the scene of the accident. Take photos or videos of the location, the vehicle involved, your injuries, and any hazardous road conditions that may have contributed to the accident (e.g., broken sidewalks, poor signage, missing crosswalks, etc.). Additionally, if there were witnesses, collect their contact information.
Avoid Speaking with Insurance Adjusters
Insurance adjusters may contact you shortly after the accident to request a statement or offer a quick settlement. It’s important to avoid giving any statements or accepting any offers without consulting an attorney. Insurance companies often try to minimize payouts, and early offers may not fully cover your expenses. Let your attorney handle all communications with the insurance companies to ensure your rights are protected and that you are fairly compensated.
Consult with a Philadelphia Pedestrian Accident Lawyer
Pedestrian accident claims can be complicated, especially when liability is disputed or multiple parties are involved. Working with skilled accident attorneys, like van der Veen, Hartshorn, Levin & Lindheim can maximize your chances of receiving fair compensation. Our team will rigorously handle all legal aspects of your case, allowing you to focus on healing.
Types of Compensation Available in Pedestrian Accident Claims
Depending on the severity of your injuries and the circumstances surrounding the accident, you may be entitled to several types of compensation. Including:
- Medical Expenses: Coverage for current and future medical bills, including surgeries, hospital stays, medications, and rehabilitation.
- Lost Wages: Compensation for the income you’ve lost due to your inability to work, including future earning potential.
- Pain and Suffering: Damages for the physical and emotional pain caused by the accident.
- Property Damage: Reimbursement for damaged personal property, such as electronic devices or clothing.
- Disability or Disfigurement: If the accident leaves you with permanent injuries, such as a disability or scarring, you may receive additional compensation for the impact on your quality of life.
- Loss of Enjoyment of Life: Damages for the inability to participate in activities you once enjoyed.
Common Causes of Pedestrian Accidents
Pedestrian accidents occur for a variety of reasons, many of which are the result of driver negligence. Some of the most common causes include:
- Distracted Driving: Drivers who are texting, eating, or using their phones are less likely to see pedestrians.
- Speeding: Excessive speed reduces a driver's reaction time and increases the likelihood of a severe collision.
- Failure to Yield: Pedestrians have the right of way at crosswalks and intersections, but some drivers fail to yield.
- Driving Under the Influence: Alcohol or drug-impaired drivers pose a serious risk to pedestrians due to their impaired judgment.
- Poor Weather Conditions: Rain, snow, and fog can make it difficult for drivers to see pedestrians or stop in time.
- Inadequate Road Maintenance: Poorly marked crosswalks, broken sidewalks, or missing signage can contribute to pedestrian accidents.
Statute of Limitations for Pedestrian Accident Claims in Pennsylvania
Pennsylvania law imposes a time limit, known as the statute of limitations, on filing personal injury claims. For pedestrian accidents, victims have two years from the date of the accident to file a lawsuit. If you miss this deadline, you may lose your right to pursue compensation. It’s crucial to consult an attorney as soon as possible to ensure your case is filed within the legal timeframe.
Why You Need an Experienced Pedestrian Accident Lawyer
Dealing with insurance companies and navigating the legal system on your own can be overwhelming, especially while recovering from an accident. An experienced personal injury lawyer can handle all aspects of your claim, from gathering evidence to negotiating with insurers, giving you the best chance of securing fair compensation. The legal team at van der Veen, Hartshorn, Levin & Lindheim has extensive experience with pedestrian accident cases and can help you through every step of the process.
Contact Our Philadelphia Pedestrian Accident Lawyers for a Free Consultation
If you or a loved one has been injured in a pedestrian accident in Pennsylvania, don’t navigate the legal complexities alone. With years of experience handling personal injury claims, van der Veen, Hartshorn, Levin & Lindheim is dedicated to helping accident victims across Philadelphia, Montgomery County, and the surrounding areas. Our firm will fight for your rights and work tirelessly to secure the compensation you deserve. Contact van der Veen, Hartshorn, Levin & Lindheim today for a free consultation, and let us help you on the road to recovery.