Pedestrian Accident Lawyer in Philadelphia2005 Market Street, Suite 350
Philadelphia, PA 19103
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Philadelphia Pedestrian Accident Lawyer
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Pedestrian accidents are not uncommon in Philadelphia and Pennsylvania as a whole. They happen more regularly than you may think. To put things into perspective, according to the Pennsylvania Department of Transportation, there were 146 pedestrian fatalities and 2,788 injuries in 2020 alone. Philadelphia, in particular, came top in the study for many wrong reasons that year. The city had the most reported traffic crashes (9.7%) and the highest traffic-related fatalities (14.7%).
This report shows just how serious the problem of pedestrian accidents is in Philadelphia and throughout the state. So, if you or a loved one has been injured, you may need to speak with an experienced Philadelphia pedestrian accident lawyer.
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Who Is a Pedestrian Accident Lawyer?
A pedestrian accident lawyer represents pedestrians injured in accidents involving motor vehicles. The attorney fights for their client's best interests, ensuring they receive much-deserved compensation for their damages.
When Should I Contact a Pedestrian Accident Lawyer?
You may need a pedestrian accident attorney to fight for you or your loved one in many different scenarios. Here are a few examples:
Serious injuries, such as broken bones, spinal cord injuries, and traumatic brain injuries, require extensive and expensive treatment after a car accident. For this reason, you may need a pedestrian accident lawyer to help you or your loved one get the appropriate treatment and hold the other party accountable for causing the accident.
Suppose the other driver was negligent or reckless, leading to the accident. In that case, the attorney can investigate the circumstances surrounding the accident and gather evidence to prove liability. In Philadelphia, negligent driving includes but is not limited to speeding, texting while driving, running a red light, driving under the influence of drugs or alcohol, or failing to yield to pedestrians in a crosswalk.
Additionally, insurance companies may try to deny or minimize the claim or even offer a lowball settlement. A pedestrian accident lawyer can represent you in the negotiation, increasing your chances of receiving fair compensation.
A seasoned attorney can also help you pursue compensation if the other driver fled the scene after the accident. In some cases, the lawyer may be able to work with law enforcement to identify the driver and hold them accountable for their actions. And if someone dies due to a pedestrian accident, the attorney can help the surviving family members pursue a wrongful death claim against the driver and their insurance carrier.
How Much Does It Cost to Hire a Pedestrian Accident Lawyer?
In most cases, hiring a pedestrian accident lawyer does not cost anything. This is because injury firms like Morgan & Morgan charge their clients a contingency fee, a pre-agreed percentage of the settlement award. Note that you will only be required to pay these fees if you win. In other words, in the contingency fee system, you do not owe your attorney anything unless they win the case. This system offers many advantages for the injured and their attorney, including but not limited to the following:
- No upfront costs because the lawyer only gets paid if their client receives compensation from the case.
- Lawyers are motivated to win because that's the only way to get paid.
- Everyone has equal access to justice, including those who cannot afford a lawyer.
- Reduced risk for the client because they are not responsible for paying the lawyer's fees if they do not obtain a favorable outcome.
At Morgan & Morgan, our contingency fees range between 30 and 40 percent of the settlement recovered. Here is a more detailed guide on how this fee structure works and why it is the best for such cases.
How Do I Choose the Right Pedestrian Accident Lawyer for My Case?
Because pedestrian accidents are quite common in Philadelphia, you will likely encounter many attorneys or car accident law firms that claim to provide the best legal representation for individuals injured in such accidents. But you should not believe just anything you hear or read; here is what to consider when looking for such an attorney:
Experience is crucial when choosing a pedestrian accident attorney to fight for you or your loved one. A seasoned lawyer has the necessary knowledge and skills to navigate Philadelphia's complex legal process and effectively represent you or your loved one seeking compensation. At Morgan & Morgan, we have over 35years of experience fighting for the injured in Philadelphia and nationwide.
Personal injury cases require significant resources, including but not limited to expert witnesses, medical professionals, and accident reconstruction specialists. For this reason, you need an attorney with access to these resources. Such an attorney can build a strong case to advocate for your rights, increasing your chances of obtaining a favorable outcome. At Morgan & Morgan, we have access to powerful resources, including an army of over 900 attorneys ready to defend the rights of the injured, regardless of who the defendant is.
You also need a lawyer with a good reputation in the legal community and beyond. You can find out more about their reputation by reading their online reviews. For instance, Morgan & Morgan boasts over 28,000 5-star reviews on Google alone, which is why we are America's largest and most trusted injury firm.
Finally, when it comes to personal injury cases, results matter. In fact, that's the main point of filing a claim in the first place. Therefore, consider the lawyer's track record of winning such cases and whether they can prove their results. And when it comes to results, Morgan & Morgan leads while others follow. For context, we have recovered over $15 billion for the injured so far (and counting).
What Should I Expect During My Initial Consultation With a Pedestrian Accident Lawyer?
During the initial consultation with the attorney, you can expect to discuss the details of your accident and the injuries you or your loved one sustained as a result. In addition, the attorney will likely ask you questions about the circumstances surrounding the accident, such as where and when it occurred, who was involved, and whether any witnesses were present.
You should also be prepared to provide any important documentation (and information) you may have related to the accident. Examples of documents the attorney may need to build a case for you include medical bills, police reports, and insurance information. In addition, these documents will help the attorney understand the extent of your injuries and the damages you may be entitled to recover.
Your lawyer may also explain the legal process in Philadelphia or Pennsylvania as a whole and the potential outcomes of your case. If you have a valid claim against the other party, they may also discuss their fees and payment structure.
What Damages Can I Recover if I Win My Pedestrian Accident Case?
The exact damages you may be able to recover will depend on the specifics of your case. That said, you may be entitled to compensation for medical expenses related to your injuries, including hospital bills, doctor visits, medications, and rehabilitation. Similarly, if you had to take time off work because of your injuries, you may recover lost income, including past and future wages and benefits. In addition, depending on the accident's severity, a skilled attorney can help you recover pain and suffering, disfigurement and scarring, loss of enjoyment of life, loss of consortium, and punitive damages.
Can I Still File a Claim if I Was Partially at Fault for the Pedestrian Accident?
Yes, you can. This is because Pennsylvania follows a modified comparative negligence system, meaning that if you are found to be more than 50% at fault for the accident, you will not be able to recover any damages.
Here is a hypothetical example of such a situation.
Let's say you were crossing a busy street outside a crosswalk when a car hit you. In that case, you may be partly at fault because not using a crosswalk when crossing a busy street is considered jaywalking. As a result, your compensation may be reduced based on the percentage of fault assigned to you. For example, if you were 20% at fault, your compensation would be reduced by a similar percentage. Therefore, suppose you were initially entitled to $100,000 worth of compensation; you can only recover $80,000, representing the other party's percentage of fault (80% in this case).
What if the Driver Who Caused the Accident Was Uninsured or Underinsured?
The type of insurance coverage you purchase will come into play in such a situation. In Pennsylvania, you may purchase Uninsured Motorist (UM) Coverage, which is optional, as part of your own auto insurance policy. If you have this type of coverage, you may be able to file a claim with your own insurance company to recover compensation for your injuries and other damages.
As the name suggests, UM coverage protects you if injured by a driver who does not have insurance. Likewise, if the other driver did not have enough insurance to compensate you after the accident, and you purchased underinsured motorist (UIM) Coverage, you may be able to file a claim under your own coverage.
However, these two types of coverage do not cover property damage. And if UM and UIM coverage is not an option, your attorney can help you explore other alternatives to recover compensation, such as your medical insurance.
What Is the Statute of Limitations for Filing a Pedestrian Accident Claim?
In Philadelphia, like the rest of Pennsylvania, the statute of limitations for filing a pedestrian accident claim is two years from the accident date. Unfortunately, the statute of limitations is a strict deadline, and if you miss it, you may be barred from recovering compensation for your injuries and losses. That's why contacting Morgan & Moran for a free case evaluation is crucial.
That said, some exceptions may apply. For example, if the accident involved a government agency or employee, you may need to file a notice of claim within six months of the accident to preserve your right to file a lawsuit. After reviewing your case, our attorneys will let you know whether you can file a claim and if any exceptions may apply to your specific situation if you are time-barred.
Where Do I File a Pedestrian Accident Claim in Philadelphia?
Pennsylvania uses a no-fault system for car insurance, meaning that regardless of who is at fault for a car accident, each driver's insurance company is responsible for paying their policyholder's medical expenses and lost income up to the policy limits. Therefore, you must file a claim with your insurance company. However, if your damages exceed your policy limits, you may be able to seek compensation from the other driver's insurance provider.
Contact Morgan & Morgan Pedestrian Accident Lawyers in Philadelphia
At Morgan & Morgan, our attorneys understand how a car accident can ruin your life. We have handled thousands of cases for over three decades and witnessed how devastating such accidents can be to the lives of ordinary people whose only fault was being in the path of a negligent driver.
Statistically, pedestrian accidents are more likely to cause severe injuries and even death than head-on collisions or T-bone accidents. This is because when you get hit by a moving automobile, your body absorbs all the pressure and suffers the consequences of someone else's negligence.
Despite that, insurance companies may not want to compensate you because they mostly care more about preventing losses than actually doing the right thing. Such cases are common even in no-fault states like Pennsylvania. Just because you have been paying your insurance premiums on time does not mean the insurance company will want to compensate you in your time of need. Sometimes, it takes a fight to get the compensation you need.
That is why you deserve someone who understands your pain and wants to fight for you as you focus on your recovery. If that's what you are looking for, all you need is a free case evaluation with Morgan & Morgan, America's largest injury firm.
Time is running out—contact us today to discuss your case.