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If you or a loved one has been the victim of a pedestrian accident, the Law Offices of Daniel P. Hartstein welcome you to contact our Philadelphia office for a free consultation. Our attorneys have over 22 years of personal injury experience, and we can guide you through the complex process of filing a civil lawsuit against the appropriate insurer.
Pedestrian accidents in Pennsylvania account for 3.3 percent of traffic crashes. This number may not seem very high, but pedestrian accident deaths account for 13.9 percent of all traffic-related deaths in the state, according to the Pennsylvania Department of Transportation.
Pedestrian accident lawsuits are generally brought as negligence actions in court. To be successful, the plaintiff must show that the defendant owed a duty to the plaintiff, that he or she breached that duty, that the driver caused the accident, and that negligence caused harm to the pedestrian. Typically, pedestrian accidents involve proving that the driver failed to exercise reasonable care, which may include distracted driving, failure to yield at a crosswalk, ignoring traffic or weather conditions, failing to signal, or driving under the influence of drugs or alcohol.
The pedestrian must also exercise reasonable care, or the defendant may argue that the pedestrian was “contributorily negligent.” For example, the pedestrian may have ignored a crossing signal or red light, entered the flow of traffic, or neglected to use a crosswalk. Our offices can assess your case and determine what claims and defenses are available.
In Pennsylvania, if you have been involved in an automobile accident, the driver must stop at the accident scene. If a person has been injured, the police must be notified. In the event of a minor car accident in which no personal injuries or damage to physical property have occurred, Philadelphia police will not respond.
Traffic accidents usually involve bringing claims against car insurers. Unlike many states, Pennsylvania has a “no-fault” system. This means that even though the driver may be at fault for your pedestrian accident, you may have to pursue compensation from your car insurance company. Cases resulting in serious injury may allow the plaintiff to file suit against the driver, even if he or she has no-fault coverage.
Technically, Pennsylvania is a “choice no-fault” state, which means that drivers can choose no-fault insurance or traditional insurance. There are also insurance limits that cap damages. Our personal injury attorneys can help you navigate this complex car insurance system.
As with many personal injury claims, you must file your claim within two years of the date of the pedestrian accident, or the claim will be time-barred and you will no longer be able to pursue it because the statute of limitations has expired.
If you have been the victim of a pedestrian accident, please contact our Philadelphia office today for a free consultation. Our personal injury attorneys can help ensure that you do not miss statute of limitation deadlines. Our experience is crucial when it comes to understanding Pennsylvania’s car insurance system.
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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create an attorney client relationship.
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