When can you sue a driver for a crash that occurs when you’re on foot?

Injured pedestrians can pursue claims or lawsuits against drivers in any situation in which the motorist’s negligence breached a duty of care to operate their vehicle safely, leading to injuries and resulting damages. Drivers are generally required to maintain control over their vehicles at all times, as well as to yield to pedestrians crossing the street at marked crosswalks and intersections. However, there are certain situations that can weaken any claim of liability you attempt to pursue against the driver. If, for example, you left the curb abruptly or ran into the path of an oncoming car, you may not have a case—or, at the very least, your case may be weakened by your own comparative negligence. It’s a good idea to bring on experienced legal counsel to help you investigate the accident, build a strong case for the defendant’s liability, and work to mitigate any arguments of comparative negligence on your part.

What happens if you’re found to be partially at fault for a pedestrian accident?

In some instances, more than one party may have contributed to the accident. Examples of pedestrian conduct that can play a part in causing a crash include: Leaving the sidewalk suddenly or without looking Crossing the street while distracted by a cell phone Failing to yield to a vehicle that has the right of way while you are crossing in the middle of the street instead of at a crosswalk or intersection Under Pennsylvania’s modified However, your share of the fault for the accident can complicate the situation. You must establish that your negligence was not greater than that of the defendant, or you won’t be able to pursue compensation. Additionally, any compensation you could receive may be decreased by the percentage of fault assigned to you. These details make it extremely important that you have an experienced attorney on your side who can fully establish all the ways in which the defendant’s conduct constituted negligence, causing the accident.

Who pays for injuries sustained in pedestrian accidents?

The potential sources of coverage and compensation for your accident depend on the specifics of your situation. If you are covered by an auto insurance policy of your own, your personal injury protection (PIP) coverage may apply to cover your medical costs. However, pedestrians who don’t own a car may not have their own auto insurance coverage. You can pursue compensation for losses from the auto insurance company of the driver who struck you. In some instances, other parties might also be liable for your injuries, including the employer of a motorist who caused a collision while working or the manufacturer of defective brakes that resulted in the driver being unable to stop the car in time to avoid a crash. At times, the driver who caused a pedestrian accident turns out to be uninsured. This is another instance in which your own auto insurance coverage, if applicable, pays benefits, this time through uninsured motorist coverage. By assessing the full facts of your situation, our attorneys can help you understand how to move forward with receiving all forms of compensation you’re entitled to.

How can a Philadelphia pedestrian accident lawyer help you?

Professional legal representation allows you to navigate the claims process with confidence and prepare a compelling claim for compensation without having to shift your focus from your physical recovery. With our decades-long history of fighting for the injured, we know how to build strong cases and put our clients on the path to receiving maximum compensation. We’re prepared to file litigation and fight for you in court, if necessary, to secure the monetary damages you deserve.

Philadelphia Pedestrian Accident Lawyers

Pedestrian Accident Attorneys in Philadelphia, PA Offering Legal Support for Foot Traffic Accidents in Philadelphia County, Montgomery County, Chester County, Delaware County, and Throughout Southeastern Pennsylvania

Pedestrian accidents on Philadelphia roadways are avoidable tragedies. These collisions can leave victims with life-changing injuries and, in too many cases, cause deadly harm. The law protects pedestrians and ensures that victims and their families can recover much-needed compensation for serious injuries. The Philadelphia pedestrian accident lawyers at van der Veen, Hartshorn, Levin & Lindheim focus on getting maximum compensation for the injured.

Taking on the legal process successfully requires extensive knowledge, considerable resources, and a professional level of skill. Our pedestrian accident attorneys in Philly are here to provide the complete legal support you need, handling your claim so you can focus on recovery, instead.

If you were injured in an accident, it is critical to speak with our firm ASAP. Call (215) 486-0123 or send us a message online today.

A Record of Results for Pedestrians Injured in Philadelphia

Unlike the occupant of a car, as a pedestrian, you have nothing to protect you from the full force of a crash. These accidents can lead to horrific injuries that leave you facing significant, long-term pain and loss of function.

For harm that ranges from disfiguring facial injuries and broken bones that necessitate surgery to paralyzing spinal cord damage, traumatic brain injuries, and other types of catastrophic injuries, your ability to make the fullest possible recovery depends on getting the financial compensation you deserve.

As experienced pedestrian accident attorneys in Philadelphia, PA, the team at van der Veen, Hartshorn, Levin & Lindheim recognizes how important it is that you receive the full amount of compensation you’re entitled to. We build our legal strategies around the goal of getting you maximum compensation, and our winning track record speaks to our success. We have recovered more than $100 million for our injured clients, including a $2.4 million verdict we secured for the victim of a tragic pedestrian accident.

Let us put our proven approach and unwavering advocacy to work pursuing the pedestrian accident compensation you deserve.

Your Right to Compensation for a Pedestrian Accident in Philly

Injured pedestrians in Philadelphia can collect compensation for their losses. To do so, you need to demonstrate that another party caused your injuries, as well as establish your damages.

Pennsylvania Law Protects Pedestrians

Thousands of pedestrians are struck by cars each year in Pennsylvania, resulting in well over 100 deaths. The Department of Transportation reported in its Pennsylvania Crash Facts & Statistics publication that 3,199 pedestrian crashes occurred in the state in 2023, resulting in 186 preventable deaths. In Philadelphia County alone, pedestrian accidents led to 969 injuries and 56 fatalities.

To help prevent collisions that cause serious accidents, the Pennsylvania Legislature adopted a series of traffic laws that protect pedestrians. Pennsylvania state laws regarding pedestrian accidents include:

Drivers’ obligation to yield the right of way to any pedestrians crossing the road at a marked crosswalk when there are no traffic control signals in place
Drivers’ responsibility to yield to a pedestrian crossing at an intersection even when a crosswalk is unmarked
Prohibitions against drivers trying to pass a vehicle in front that is stopped to allow a pedestrian to cross the road

Pedestrians are also required to comply with certain traffic laws. For example, pedestrians must obey all traffic and pedestrian-control signals and are prohibited from suddenly leaving a curb or sidewalk and running into the path of a vehicle. Any pedestrian who crosses a road at a point other than at a crosswalk is generally required to yield the right of way to any vehicles on the road.

Pedestrians are always given the right of way on sidewalks. Any driver emerging from or entering a private road, driveway, or building must yield the right of way to any pedestrians approaching on the sidewalk.

Although there are laws in place to help prevent pedestrian accidents, these devastating crashes can and do occur—most commonly because of negligence. When serious collisions take place, our pedestrian accident attorneys in Philadelphia, PA, are here to be your guide to the claims process.

Proving Liability in a Pennsylvania Pedestrian Injury Case

To hold the driver liable for your pedestrian accident injuries, you need to establish certain elements, including:

The motorist owed you, as a pedestrian in their vicinity, a duty of care—generally, to follow traffic safety laws and operate the vehicle in a safe manner
The driver’s actions breached this duty of care owed to you, often through conduct such as failing to stop or yield for pedestrians as required or failing to maintain control over their vehicle
This breach of duty caused the collision, the resulting injuries, and other damages legally recognized as warranting compensation

Our Philadelphia pedestrian accident lawyers thoroughly investigate crashes and the events leading up to them. We identify all types of pedestrian accident causes that can constitute negligence, analyzing the facts for indications of conduct such as:

Distracted driving
Driving under the influence of drugs or alcohol
Fatigued driving, including falling asleep at the wheel
Speeding and other forms of careless or reckless driving
Failing to yield the right of way to a pedestrian
Failing to obey traffic signs or signals
Failing to account for poor visibility conditions by reducing speeds and increasing stopping distance

Proving liability isn’t always easy or straightforward, but our pedestrian accident attorneys in Philadelphia, PA, fight for victims who have been struck by passenger cars, SEPTA buses, commercial vehicles, trucks, and other types of vehicles.

Types of Compensation You Can Recover After a Pedestrian Accident

In a personal injury claim or lawsuit, you can get compensated for economic and non-economic damages. Our Philadelphia pedestrian accident lawyers help our clients recover compensation for losses such as:

Medical and rehabilitation costs, including hospital bills, surgery costs, prescription medication costs, medical equipment, and projected future costs of care
Income loss, including lost wages due to temporary disability and reduction in future earning capacity resulting from permanent limitations
Permanent disfigurement resulting from scarring, amputation, or other impacts of your injuries on your appearance
Pain and suffering and decrease in quality and enjoyment of life

Your ability to receive compensation for all of your losses depends on how well you document the impact on your life. At van der Veen, Hartshorn, Levin & Lindheim, our Philadelphia pedestrian accident lawyers put together compelling claims for compensation by meticulously documenting all of the ways your injuries have affected you.

How van der Veen, Hartshorn, Levin & Lindheim Can Help

Dedicated legal representation makes a difference, even in the most difficult situations. No matter how serious or far-reaching your losses are, receiving full compensation provides valuable resources. Our mission is to help you approach life after the accident as whole as possible—physically and financially. We do this by seeking the full amount of compensation you deserve.

Our pedestrian accident attorneys in Philly begin each case with a complimentary consultation and review of the facts. Based on our analysis, we will help you understand the potential avenues for financial recovery that could be available to you, as well as your legal rights. We assist our clients with all aspects of their civil claims, from investigating the crash and gathering evidence to securing a settlement or trial award. Through this comprehensive approach to legal representation, we have consistently gotten results that help injured pedestrians and their families move forward.

Why Choose van der Veen, Hartshorn, Levin & Lindheim?

To achieve the best possible physical and financial recovery after a pedestrian accident, you’re going to need considerable resources. Injured victims turn to van der Veen, Hartshorn, Levin & Lindheim when they need Philadelphia pedestrian accident lawyers who will fight for them throughout the claims process and develop customized legal strategies for success. The affordability of contingency-based representation ensures nothing stands in the way of receiving the professional legal guidance you need.

Dedicated Legal Counsel for Every Stage of Your Injury Claim

The process of pursuing compensation for an injury can be complicated, but we’ll be by your side every step of the way to ensure you’re ready for every challenge that arises. We bring our uncompromising passion to protect the injured to every claim we take on. From the initial consultation and investigation to the final resolution of your claim through settlement or trial, we’re ready to guide you through every step toward recovering compensation.

A Personalized Approach to Winning Our Clients Maximum Compensation

Your claim is like no one else’s. Only by recognizing all the facts that make your case unique can your Philly pedestrian accident lawyers recover the full amount of compensation you deserve. Our attorneys get to know each client and their concerns to develop personalized legal strategies. Through this holistic approach, we’re able to identify all damages recognized by law and make a strong case for recovering maximum compensation.

Quality Representation at No Upfront Cost

A pedestrian accident can leave you facing serious financial hardship. To make sure your claim never adds to this burden, van der Veen, Hartshorn, Levin & Lindheim offers complimentary consultations and represents the injured on a contingency basis. Throughout your personal injury claim, we’ll represent you at no upfront cost.

Contact the Philadelphia Pedestrian Accident Lawyers at van der Veen, Hartshorn, Levin & Lindheim Today for a Free Case Review

There’s only one way to know for sure whether you have a case and how to move forward for the most successful claim possible. Take advantage of a complimentary consultation and have our Philly pedestrian accident lawyers evaluate the full facts of your situation at no charge. We’ll make sure you understand your legal rights and help you consider your options for pursuing financial compensation.

For help from our pedestrian accident attorneys in Philadelphia, PA, contact van der Veen, Hartshorn, Levin & Lindheim online or call 215-486-0123 today.

Frequently Asked Questions About Pedestrian Accident Claims in Philadelphia, PA

Injured pedestrians can pursue claims or lawsuits against drivers in any situation in which the motorist’s negligence breached a duty of care to operate their vehicle safely, leading to injuries and resulting damages. Drivers are generally required to maintain control over their vehicles at all times, as well as to yield to pedestrians crossing the street at marked crosswalks and intersections.
However, there are certain situations that can weaken any claim of liability you attempt to pursue against the driver. If, for example, you left the curb abruptly or ran into the path of an oncoming car, you may not have a case—or, at the very least, your case may be weakened by your own comparative negligence.
It’s a good idea to bring on experienced legal counsel to help you investigate the accident, build a strong case for the defendant’s liability, and work to mitigate any arguments of comparative negligence on your part.
In some instances, more than one party may have contributed to the accident. Examples of pedestrian conduct that can play a part in causing a crash include:
Leaving the sidewalk suddenly or without looking
Crossing the street while distracted by a cell phone
Failing to yield to a vehicle that has the right of way while you are crossing in the middle of the street instead of at a crosswalk or intersection
Under Pennsylvania’s modified comparative negligence law, you may still be able to recover compensation from the driver who struck you even if you were partially at fault for causing the accident.
However, your share of the fault for the accident can complicate the situation. You must establish that your negligence was not greater than that of the defendant, or you won’t be able to pursue compensation. Additionally, any compensation you could receive may be decreased by the percentage of fault assigned to you.
These details make it extremely important that you have an experienced attorney on your side who can fully establish all the ways in which the defendant’s conduct constituted negligence, causing the accident.
The potential sources of coverage and compensation for your accident depend on the specifics of your situation.
If you are covered by an auto insurance policy of your own, your personal injury protection (PIP) coverage may apply to cover your medical costs. However, pedestrians who don’t own a car may not have their own auto insurance coverage.
You can pursue compensation for losses from the auto insurance company of the driver who struck you. In some instances, other parties might also be liable for your injuries, including the employer of a motorist who caused a collision while working or the manufacturer of defective brakes that resulted in the driver being unable to stop the car in time to avoid a crash.
At times, the driver who caused a pedestrian accident turns out to be uninsured. This is another instance in which your own auto insurance coverage, if applicable, pays benefits, this time through uninsured motorist coverage.
By assessing the full facts of your situation, our attorneys can help you understand how to move forward with receiving all forms of compensation you’re entitled to.
Professional legal representation allows you to navigate the claims process with confidence and prepare a compelling claim for compensation without having to shift your focus from your physical recovery. With our decades-long history of fighting for the injured, we know how to build strong cases and put our clients on the path to receiving maximum compensation. We’re prepared to file litigation and fight for you in court, if necessary, to secure the monetary damages you deserve.

Notable Case Results

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Assault Injury

$1 Million

Tractor-Trailer Accident

$10 Million

Bicycle Accident

$4.8 Million

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Throughout the years, our firm and our individual attorneys have been recognized in both local and national media for our extensive legal knowledge, experience, and record of success. Our attorneys frequently appear in the media to provide insights and information on various legal matters, including high-profile cases.

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Choosing the Right Firm Can Make All the Difference

Unrivaled Record of SuccessWe have won tens of millions of dollars for injured victims, and have achieved countless "not guilty" verdicts for clients faced with criminal charges.
No Challenge too BigOur firm has handled some of the biggest cases in country, including representing the President of the United States.
Personalized RepresentationWe understand that every case is unique. Therefore, we tailor our approach based on the facts of the case and the needs of our client.
Uncompromising PassionOur competitive nature is one of our strongest qualities. You can be confident that no other firm will outwork our team.
Holistic ApproachNot only do we want to excel legally for the client, but we also want to make sure we are strengthening their mind, body and spirt.
Supporting the CommunityOur team engages in many community events and regularly donates time and resources to many charitable organizations in Philadelphia.

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Home to Philadelphia’s most accomplished attorneys, van der Veen, Hartshorn, Levin & Lindheim pairs diverse practice experience with a passion-driven, comprehensive law practice—all for the client’s benefit.