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Pedestrian Accidents

In 2019, 6,205 pedestrians were killed in traffic accidents in the United States.

Pedestrian Accident Attorney in Pennsylvania

Thousands of people are killed in pedestrian accidents every year in the United States. Many of these accidents occur at night, when the pedestrian is not crossing at an intersection, and in busy urban areas, including Philadelphia.

If you have been hurt in a pedestrian accident or a loved one has been killed, Solnick Lawyers is committed to getting you the compensation you deserve, helping you to cover the expenses that may arise, including hospital bills, lost wages, and even household help in some situations.

Who is Legally at Fault in a Pedestrian Accident?

After a pedestrian accident, it may be necessary to determine who was to blame for the accident in order to know which insurance company or person is liable for an injured victim’s damages. Who is at fault will depend on how the accident happened. In some pedestrian accident cases, the driver is completely at fault and liable for the accident. However, sometimes the pedestrian is also at fault. When both the driver and the pedestrian are at fault in a pedestrian accident, the injured pedestrian’s compensation will be reduced in proportion to their fault. In Pennsylvania, because it is a modified comparative negligence state if the pedestrian is at least 51% at fault for the accident, they cannot recover any compensation from the driver for their injuries. 

Pedestrian Laws in Pennsylvania

Pedestrian laws generally favor pedestrians over motor vehicles. Because vehicles are much stronger and faster than people, pedestrians generally have the right-of-way as long as they are complying with the applicable laws. Some basic pedestrian laws in Pennsylvania include the following:

  • If a pedestrian is crossing at a crosswalk, the pedestrian has the right of way. Drivers are required by law to yield to the pedestrian in the crosswalk but are not required to yield until the pedestrian begins to step into the crosswalk. 
  • If a pedestrian is crossing at a signalized intersection, the pedestrian and motorists must obey the signals and road signs. Therefore, if the pedestrian is crossing with the light, the pedestrian has the right-of-way, and drivers must yield.
  • It is unlawful for a driver to overtake a vehicle that is stopped for a pedestrian in a crosswalk.
  • If a pedestrian is crossing where there is no intersection, the pedestrian is required to yield to the vehicles.
  • Pedestrians must not walk out into the path of a moving vehicle as it may not be able to stop.
  • It is illegal for a pedestrian to walk along the side of the road when there is a sidewalk available for use.

Top Causes of Pedestrian Accidents

Pedestrian accidents can be the fault of the pedestrian, the motorist, or sometimes both. Some common causes of pedestrian accidents in Pennsylvania include the following:

  • Distracted driving
  • Distracted walking
  • Failure to follow traffic signs or signals
  • Failure to yield to the person with the right of way
  • Jaywalking
  • Not looking both ways before crossing the street
  • Speeding drivers
  • Driving under the influence of drugs or alcohol
  • Bad weather conditions
  • Poor road conditions or road design

Understanding Distracted Walking

Distracted walking happens when someone is walking without paying appropriate attention to what is going on around them. Like distracted driving, distracted walking is very dangerous for the distracted walker and other road users, and can lead to accidents.

Pedestrians are often distracted by their cell phones when walking or crossing the street. It can cause them not to look both ways before stepping into the road, to spend longer in the crosswalk, and to fail to see other dangers that they would have seen if they had been paying attention to their surroundings. Pedestrians can also be distracted by other things such as listening to music, having a conversation, or searching for something in their bag. If a pedestrian is injured in a pedestrian accident caused primarily by their own distracted walking, they may not be entitled to any compensation from the driver of the vehicle involved.

Common Injuries Related to Pedestrian Accidents

By their very nature, pedestrian accidents can often cause severe injuries and mental trauma. These can lead to intensive medical treatment and life-changing consequences. Unfortunately, some pedestrian accidents are fatal. Common pedestrian accidents may include the following:

  • Head injuries, including brain damage and T.B.I. (traumatic brain injury)
  • Spinal cord injuries and paralysis
  • Nerve damage
  • Broken bones
  • Lacerations
  • Internal organ damage
  • Dental injuries
  • Eye damage, including loss of vision
  • Mental health issues, including P.T.S.D.

Pedestrian accident injuries can lead to huge financial expenses for victims and their families, on top of their physical and mental suffering. A Pennsylvania pedestrian accident lawyer can help ensure that victims of pedestrian accidents receive the compensation they deserve.

How to Proceed Following a Pedestrian Accident

When you are a pedestrian, follow the rules of the road, pay attention to your surroundings, and know what to do if you are involved in an accident. 

Your health and safety are the first priorities if you are injured as a pedestrian. Move to a safe place off the road, if you can do so without injuring yourself further, and get medical attention for your injuries. If you need emergency medical attention, call 911 for an ambulance. Even if your injuries seem minor, you should get checked over by a doctor after the accident. This is important for your own health but also for any future insurance or legal claim. Keep your medical bills and medical reports.

At the scene of the accident, gather evidence about the accident if you are able to do so. This includes getting insurance information from the drivers of any vehicles involved, contact details for any witnesses, photographs and videos of the scene and your injuries, and any notes about how the accident happened. Your phone is a useful device for recording all this information easily.

Call an experienced pedestrian accident attorney, like Solnick Lawyers, for advice about your legal rights and compensation. A driver or their insurance company will often try to blame the pedestrian for a pedestrian accident and you should ensure you are protected. To receive the best possible result and compensation, it is important that your lawyer gets involved as soon as possible so that all necessary investigations take place and so that your claim can be put in the best possible position to protect your rights and secure justice from the outset.

Compensation Available in Pedestrian Accident Cases

A pedestrian who is injured in an accident may incur huge medical expenses, lost wages from missing days of work, or even have to change their career. Sadly, in some pedestrian accidents, the victim dies and a family can be left without a parent or primary source of income. If you are injured in a pedestrian accident, your own auto insurance policy (if you have one) should cover a certain amount of your medical expenses under your PIP benefits. Once that is exhausted, you will look to the at-fault party and their insurance for compensation for your losses.

Pain and Suffering

Pain and suffering is a legal term that refers to the physical discomfort and emotional trauma that a victim suffers. It does not include your actual medical expenses but is instead a dollar amount that is put on your suffering and the impact that your injuries and limitations have on your ability to continue your general “enjoyment of life.” 

Lost Wages

A victim in a pedestrian accident case is entitled to be compensated for their lost wages and benefits as a result of the accident, both past and future. This would include any loss in income, both past and future, because the victim cannot work the same job or the same hours as they did before the accident.

Medical Bills

Medical bills can be extensive after a pedestrian accident. From the ambulance bill to physician fees, hospital bills, pharmacy costs, physical therapy bills, counseling costs, and all of the other medical expenses that can be incurred after a pedestrian accident. A victim should be compensated for the cost of their expected future medical care as well as their past costs. 

Know Your Rights as a Victim of a Pedestrian Accident

As a victim of a pedestrian accident, you have rights and you have options. You may be entitled to compensation from your own auto insurance policy and from an at-fault driver or their insurer. However, insurance companies are for-profit businesses that want to increase their profits and minimize their losses. Insurers do not try to make sure that injured victims get every dollar that they are entitled to by law. As a victim, you need to know your rights so that other parties do not take advantage of you. Experienced pedestrian accident attorneys can advise you on the compensation to which you are entitled, and how to get it. 

Why Work with Our Pennsylvania Pedestrian Accident Lawyer?

Our team at Solnick Lawyers has handled many pedestrian accident cases. We understand the financial, physical, and mental struggles that you have to juggle after a pedestrian accident. By working with Solnick Lawyers, you can hand some of those struggles to us and we will take on the burden of negotiating with insurance companies, filling out documentation, investigating your claim, and fighting to get you the compensation that you deserve. 

Consult Solnick Lawyers for Your Pennsylvania Pedestrian Accident Case

Solnick Lawyers has been representing pedestrian accident victims in the Greater Philadelphia area, and throughout Pennsylvania and New Jersey, for more than 20 years. We are not intimidated by the tactics of aggressive corporations, insurance companies, or government agencies. We face them day after day in negotiations and courtrooms to secure justice for our clients, and we will do the same for you. We’re on your side. Contact us today to get started!

Cases we handle:

  • Personal Injury Claims
  • Bicycle Accidents
  • Bus Accidents
  • SEPTA Accidents
  • Car Accidents
  • Construction Site Accidents
  • Dog Bites / Attacks
  • Electric Scooter Accidents
  • Insurance / Bad Faith Claims
  • Motorcycle Accidents
  • Pedestrian Accidents
  • Premises Liability Claims
  • Rideshare Accidents
  • Lyft Accidents
  • Uber Accidents
  • Slip and Fall Accidents
  • Truck Accidents
  • Wrongful Death

If you or a loved one has been injured in a pedestrian accident and you would like to know more about your legal rights, please contact us today by calling 215-481-9979 or via our website to schedule a free consultation and case review. You have nothing to lose and everything to gain as we never charge a fee until and unless we obtain a settlement or award for you. Solnick Lawyers is on your side. Let us fight for you.

FAQs on Pedestrian Accidents in Pennsylvania

If you were injured as a pedestrian in Pennsylvania, you may be entitled to compensation for your medical expenses, lost wages, and other damages. To find out if you have a valid claim for compensation, you should meet with an experienced Pennsylvania pedestrian accident attorney as soon as possible after your accident.

Although many at-fault drivers try to argue that the pedestrian was at fault for an accident, experienced attorneys know how to investigate and fight these cases to establish the driver’s negligence.

No. If you suffered a pedestrian injury and the driver’s insurance company contacts you, do not speak with them. Politely decline to give a statement or interview. Your attorney can provide the insurance company with necessary information that will protect your interests and which will not compromise your position and legal rights.


Insurance companies are seeking to protect their own interests and those of their insured and not your best interests. As a result, if you agree to provide them with a statement or interview, they will try to get you to say something on the record that will harm your claim and reduce their payout and exposure.

Pedestrian accidents often cause some of the most serious, life-altering injuries of all personal injury claims. However, even serious injuries may not be obvious right away. The surge of adrenaline and the shock often experienced during an accident may initially mask signs and symptoms of an injury. 

These symptoms may begin to develop in the days and weeks that follow an accident. Injured victims remain entitled to damages for all injuries caused by an accident, even if they are not obvious immediately following the accident. It is important to seek medical treatment and consult with medical experts who are dedicated to helping you recover and helping to pinpoint the nature and extent of the injuries which you sustained in a pedestrian accident.

Your Pennsylvania personal injury attorney will assist you in getting the medical treatment you need, including diagnostic testing and consultations with medical experts and specialists if necessary, and then compile your medical records and reports to confirm the full extent of your injuries and the link between the accident and the injuries you have suffered. As you continue your medical treatment, you should always keep your attorney informed with respect to your medical treatment.

Depending on the facts and circumstances of the claim, various types of evidence may be used to support a pedestrian’s injury claim. These may include:

  • Accident scene photographs and diagrams
  • Eyewitness statements
  • Accident reports
  • Video surveillance footage
  • Cell phone records
  • Photographs of injuries and medical illustrations
  • Medical records
  • Medical bills
  • Lost wage documentation
  • Tax records
  • Expert medical reports

Other types of evidence may also be submitted depending on the circumstances of your case. Your attorney will identify and submit the most compelling evidence in your case.

Generally, yes. If you were distracted–for example, looking down at your cell phone–right before you were hit by a car, the at-fault driver may try to argue that you were at least partially responsible for the crash.

As long as you were not more than 50 percent responsible for the accident, you will be able to seek compensation. However, your compensation may be reduced in an amount that is proportionate to your own negligence.

Pennsylvania follows a modified comparative negligence model in personal injury claims. If your claim is initially determined to be worth $100,000, but you are found to be 20 percent at fault for the accident, you will be able to recover $80,000.

If you are found to be more than 50 percent responsible for the accident, you will not recover any damages.

Thousands of pedestrians lose their lives every year on public roadways.

More than 80% of these deaths occurred in urban areas, according to data compiled by the National Highway Traffic Safety Administration. 

Nearly 75% of deaths occurred in non-intersection areas. 

Nearly 80% of all deaths occurred at nighttime.

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