Philadelphia Pedestrian Accident Lawyers
Bringing Reliable Counsel & Experience to Your Case
To sue a driver for a pedestrian accident – meaning that they hit you when you were not in a vehicle – you have to be prepared for tough opposition. No insurance company wants to pay for the damages that their client caused in such a horrific accident. No driver will want to admit they caused such harm, either. They will probably push away your claim at every opportunity.
Take the initiative and be ready for anything with the assistance of Fellerman & Ciarimboli Law PC. Our pedestrian accident lawyers in Philadelphia are here to elevate your case and challenge the opposition on your behalf. Your fight becomes ours when you hire our team.
Who is Usually Responsible for Pedestrian Accidents?
Some insurance companies try to take the fast route out of a pedestrian accident case by automatically blaming the pedestrian. They try to argue that the pedestrian must not have been paying enough attention. They also like to say that pedestrians can move out of the way easier than a car can, so they should have done more to stop the accident from happening.
The truth is that many pedestrian accidents are caused solely by the negligence of the driver. When a driver is not being attentive to their surroundings, they can completely overlook crowds of nearby pedestrians. If someone were to be in the road for any reason, then the distracted driver will put them at an inordinately high risk of being hit.
Pedestrian accidents commonly occur at these locations:
- Parking lots
- Parking garages
- Roads with no crosswalks
- Streets with adjacent pedestrian lanes
- Busy intersections
Proving responsibility is a key component of your case’s success. Using a variety of evidence, we can show that the driver was liable. For example, a driver should always yield the right-of-way to a pedestrian if possible, even if that pedestrian lawfully should have yielded to them first. Did the driver try to force you out of the road instead of braking, but they ended up actually hitting you? Such an egregious violation of the right-of-way rules should put the full liability on that driver.
Can You Still Sue If You Were Jaywalking?
Jaywalking is not a strictly used legal term in Pennsylvania. Instead, the state still has many rules regarding when a pedestrian should enter the street to cross it. Violating those rules could cause a pedestrian to get a citation if they are caught.
Whether you were “jaywalking” or entering the street against traffic control signals, you are not automatically stripped of your right to pursue compensation if you get hit by a driver. Liability still needs to be determined fairly. It is entirely possible that you could admit to “jaywalking” when you were hit, but still not receive the majority of the liability for the accident due to other factors. For example, if the other driver was drunk and speeding when you were crossing where there was no crosswalk, then you could be completely free of any liability despite “jaywalking.”
In Pennsylvania, personal injury cases utilize a 51% modified comparative negligence rule. As long as you were not 51% (or more) liable for your pedestrian accident as a “jaywalker,” you can sue the driver for your damages. What you receive will be reduced by your liability in an equal percentage, though.
We are Here to Help Answer All Your Questions
To find out more about filing a pedestrian accident claim in Philadelphia, pick up the phone and dial (800) 513-8941. Our Philadelphia pedestrian accident attorneys are standing by to help people in situations just like yours make the most of things and, hopefully, secure the most compensation possible.
We accept calls 24/7/365, so don’t hesitate to reach out to us when you need help from our pedestrian accident attorneys in Philadelphia.