Understanding Your Rights and Legal Options as a Philadelphia Pedestrian Accident Victim

September 01, 2023
Pedestrian Accidents

Table of Contents

If you’ve been the victim of a pedestrian accident in Philadelphia, you’ve likely got a long road ahead of you. Pedestrians are supposed to be respected and have their own rules of the road to follow, but too often, distracted drivers forget about these people and that’s usually when accidents happen. In the Philadelphia area, the Philadelphia Pedestrian accident is among the most common that occur.

The good news is that the laws in Pennsylvania also favor pedestrians who are hit by vehicles and sustain injuries as a result. If you have a loved one that dies after a pedestrian accident, you can also pursue damages for that loss.

Tort Law

The first thing to understand is that the limited tort law that usually applies in Philadelphia car accidents doesn’t apply to pedestrians and their claims. This law essentially limits the ability to obtain the damages that you are owed and can have an impact on the outcomes of several other types of accident cases. With pedestrian accidents, that goes out the window and your Philadelphia pedestrian accident lawyer can help you fight for maximum compensation.

PIP (Personal Injury Protection) in Philadelphia

There is coverage on auto insurance policies known as PIP, or personal injury protection. This coverage is designed to cover all the things associated with accidents:

Lost wages
Medical bills
Funeral and burial costs (if applicable)
Other medical bills

The state requires every driver to have an insurance policy that includes $5,000 per person, per accident in PIP coverage. Many residents choose to purchase higher amounts to ensure that the damages are covered in the case of more severe accidents.

In pedestrian accident cases, there is a special law in PA that allows people to file a claim that ensures their medical bills are properly covered up to the maximum amount of the insurance policy. For pedestrians, this refers to the PIP coverage. According to state law, the insurance companies must pay out as follows:

Your insurance (the victim)
Your spouse’s or parents’ insurance (if you’re a member of the household)
The insurance company of the car’s driver that is involved

Of course, if you’ve got $5,000 in PIP coverage, that’s not usually going to go very far. That’s where people may choose to file a lawsuit against the driver in an attempt to recover damages above and beyond what is covered on their insurance.

After all, a simple pedestrian accident could incur medical bills into the hundreds of thousands of dollars if the injuries are severe. Even if both insurance companies pay the PIP, that’s a fraction compared to what the total damages could be.

Why Do I Need a Philadelphia Pedestrian Accident Lawyer?

When you are involved in an accident of any kind, you have a lot to deal with. You are facing possible physical injuries, emotional and mental suffering, and other stressors. Plus, there may be a recovery period involved, you may have to take time off work, and more. This can all leave you feeling very overwhelmed and worried about how to proceed. Hiring an accident attorney will alleviate all those worries and ensure that you get the best outcome in your case.

A Philadelphia pedestrian accident lawyer cannot change the situation or undo what has been done. However, they can take you under their wing and help protect your rights after an accident to ensure that you get the compensation that you deserve. They can help you navigate through the entire process, including:

Investigating the accident scene for evidence and information.
Gathering evidence and preserving it to build a solid case.
Protecting your legal rights throughout the process.
Explaining your rights and the lawsuit proceedings.
Dealing with insurance companies.
Ensuring you receive the maximum compensation for your claim.
Handling documentation and filing.
Covering upfront costs.
Representing your best interests at all times.

There are plenty of benefits that come from hiring an accident attorney for your pedestrian accident case.

Lawyers Know the Law

A qualified personal injury lawyer in Philadelphia has extensive knowledge of accident laws and how things work in the state. They have settled hundreds of claims and earned people millions of dollars for incidents just like the one that you are facing. This guarantees that the right people are held accountable in your case.

They Can Deal with Insurance

Lawyers are experts at dealing with insurance companies. They know how to hold them accountable to the law and they know the law in the first place, which means that you have a better chance of getting more from the insurer after your accident. This also guarantees that you won’t hesitantly accept a lower settlement as a way to get things done.

Accurate Evaluation of Your Claim

An accident lawyer can help navigate the financial elements of the lawsuit and determine just what your claim is worth. They will use objective information and their professional expertise to look over all the different factors involved and come up with an amount that is fair. They will consider all the different elements, including whether there are going to be future medical expenses and costs, and so forth. If you don’t know what you are owed, that can be hard to do on your own.

Trusted Legal Advice

When you have a lawyer on your side during the accident claim process, you can guarantee that you will always have the right legal insight and advice. An accident lawyer will be able to help you understand the law and how it applies to your specific accident case. They can represent you at trial if it comes to that, and they will always be there to answer your questions along the way.

Contingency Fees

Another important thing to understand about accident law is that personal injury lawyers don’t usually require upfront payments or fees in these cases. They charge a contingency fee instead, which basically means they won’t collect any money until or unless your case is won and settled favorably. That way, you can focus on healing and getting your life back while they’re taking care of the lawsuit.

The biggest reason that people avoid calling an attorney after an accident is because they believe they can’t afford the costs. However, with a personal injury attorney that takes contingency fees, you don’t have to worry about that anymore. You can simply pursue legal action against the responsible party and know that you have someone on your side to help you get the outcome that you deserve.

Final Thoughts

If you’re hesitating to contact an accident attorney because of the fees involved, don’t. Getting the settlement you deserve is far more important and you won’t have to pay until things are settled. Just reach out today and get your consultation, and find out how our dedicated accident lawyers can help you settle your case. The team at Mattiacci Law has won millions in damages for pedestrian accident claims, drunk driving accidents, and more. Call us now or schedule your consultation on our website.

Pedestrian Accident FAQs

Who pays the medical bills after my accident?

There are several potential injuries that can result from a pedestrian accident. They are often much more dangerous because one person was not inside a vehicle at the time of the crash. According to Pennsylvania law, your PIP insurance must first pay the bills and when that runs out, the driver’s PIP will cover the additional. Beyond that, you should file a lawsuit against the driver to recoup the rest of the damages.

Who is at fault in a pedestrian accident?

Determining fault in an accident is never easy. Some people assume that pedestrians always have the right of way, but that may not be the case. Talk to a lawyer about the details of your accident to see where the fault lies and how to proceed. Usually, the fault will lie on whoever was not following the rules of the road at the time of the accident.

Why do I need an accident lawyer in a pedestrian accident case?

The details of pedestrian accidents are often complicated and fraught with unique details. Not only that, but the way things happened at the accident scene could have an impact on your case. Lawyers know the law and can work with you to get the best compensation possible in your pedestrian accident claim, no matter the details.

What can I get for my pedestrian accident claim in Philadelphia?

There is no “average” that you can put on an accident claim. All of these cases are unique and they require a review by an expert attorney to determine their worth. Your lawyer will look at things like the types of injuries caused and their severity, the loss of work or other life elements that resulted from the accident, and more. If there was a death as a result of a pedestrian accident, the claims are usually much higher.

How long do I have to file a lawsuit?

In Pennsylvania, you have two years from the date of the accident to file your lawsuit for a pedestrian accident or other personal injury claim. Of course, you should file the lawsuit as soon as possible to ensure maximum success. Those who do not file a claim within the first two years could lose the right to file entirely unless there are extenuating circumstances. Talk to your lawyer to learn more.