Philadelphia Pedestrian Accident Lawyer

Hiring a Philadelphia pedestrian accident lawyer may be the difference between a claim that accounts for the true cost of your injuries and one that settles for a fraction of what you need. 

Insurance adjusters treat pedestrian claims differently from vehicle-to-vehicle crashes. They look for reasons to blame the person who was walking, and they push for early settlements before the full medical picture is clear.

The Rothenberg Law Firm LLP represents pedestrians struck by vehicles throughout Philadelphia, Pennsylvania, New York, and New Jersey. 

Our legal team understands the medical, legal, and insurance issues involved in these cases. Call 215-732-7000 for a free consultation.

Why Injured Pedestrians Choose The Rothenberg Law Firm

Pedestrian accident cases require a different level of preparation than a typical car accident claim. The injuries are more severe, the fault arguments are more aggressive, and the long-term costs are harder to calculate without the right medical and financial professionals involved. 

The Rothenberg Law Firm LLP brings more than 55 years of personal injury experience and billions recovered for clients to every pedestrian case we handle.

Our Philadelphia office at 1420 Walnut Street puts us in the middle of the city where these crashes happen. We know the intersections, the corridors, and the traffic patterns that contribute to pedestrian injuries across Center City, North Philadelphia, and the surrounding neighborhoods. That local familiarity strengthens every case we build as a trusted Philadelphia personal injury lawyer team representing injured pedestrians.

Proven Results for Philadelphia Pedestrian Accident Victims

Pedestrian accident claims demand a firm with the resources to document catastrophic injuries, counter aggressive fault arguments, and take cases to trial when insurers refuse fair offers. The Rothenberg Law Firm LLP has a track record in pedestrian cases that reflects that preparation:

• $6.25 million for a pedestrian struck by a car
• $2.85 million for a femur injury to a pedestrian in a truck crash
• $2.6 million for a pedestrian struck by a bus
• $2.5 million for a pedestrian struck by a police car
• $2.5 million for a pedestrian struck by a bus
• $1.5 million for a fatal pedestrian accident at a crosswalk

Past results do not guarantee future outcomes.

How The Rothenberg Way Applies to Pedestrian Cases

The Rothenberg Way is a preparation-first approach that treats every case as though it is going to trial. In pedestrian claims, that means: 

• Sending evidence preservation letters to businesses and city agencies immediately
• Retaining accident reconstruction professionals to analyze vehicle speed and impact angles, when necessary
• Working with medical teams to document the trajectory of the injuries

The Rothenberg Law Firm LLP is not a settlement mill. Insurance companies recognize when a law firm is prepared to litigate and when a firm is looking for a quick resolution. That distinction affects every negotiation. 

Every client is treated as if they were a member of their Philly pedestrian accident attorney’s own family. That commitment shows in the time invested in understanding each person's injuries, the resources allocated to building each claim, and the refusal to accept less than what the evidence supports.

Contact our pedestrian accident lawyers in Philadelphia now for a free consultation: 215-732-7000.

What Rights Do Pedestrians Have Under Pennsylvania Law?

Pennsylvania law assigns clear duties to drivers when pedestrians are present. Understanding those duties matters because insurance companies routinely twist them to shift blame onto the person who was walking.

When Drivers Must Yield to Pedestrians

Under 75 Pa. C.S. § 3542, drivers must yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection when traffic signals are not in place or not in operation.

Pennsylvania law recognizes both marked crosswalks and unmarked crosswalks at intersections. An unmarked crosswalk generally follows the extension of the sidewalk lines across the roadway, even when no painted lines appear on the pavement. Drivers must yield to pedestrians in those crosswalks when traffic-control signals are not in place or not operating.

Pennsylvania law also prohibits drivers from passing a vehicle that has stopped at a crosswalk to allow a pedestrian to cross. Violations of this rule are among the leading causes of pedestrian accident injuries in Philadelphia and often result in severe harm to victims.

What Duties Do Pedestrians Have?

Pedestrians also carry legal responsibilities. Under 75 Pa. C.S. § 3543, pedestrians who cross a roadway at a point other than a marked crosswalk or an unmarked crosswalk at an intersection must yield the right of way to vehicles. 

Pedestrians may not suddenly leave the curb and enter the path of a vehicle too close to stop safely.

These duties do not cancel a driver's obligation to exercise care. Even when a pedestrian crosses outside a designated crosswalk, the driver must still take reasonable steps to avoid a collision.

Ask The Rothenberg Law Firm

Q: The driver says I walked into traffic and the accident was my fault. Do I still have a claim?

A: You may still have a claim. Pennsylvania follows a modified comparative negligence rule. If you are found partly at fault, your pedestrian accident compensation may be reduced by your percentage of fault. If your share of fault is greater than the defendant’s, recovery may be barred.

Q: I was hit by a car that fled the scene. What are my options?

A: Hit-and-run pedestrian victims may still pursue compensation. If the driver is identified, a claim proceeds against that driver's insurance. If the driver is never found, the pedestrian's own uninsured motorist coverage may apply. Filing a police report immediately and preserving any available surveillance footage increases the chances of identifying the vehicle.

Q: Do I have a claim if the crosswalk had no painted lines?

A: Yes. Pennsylvania law recognizes unmarked crosswalks at every intersection where sidewalks meet the roadway. Drivers must yield to pedestrians in both marked and unmarked crosswalks when signals are not operating. The absence of painted lines does not reduce the driver's legal duty.

What Compensation May a Philadelphia Pedestrian Accident Claim Pursue?

Pedestrian injuries are almost always more severe than occupant injuries in vehicle-to-vehicle collisions. The absence of any protective barrier means broken bones, traumatic brain injuries, spinal cord damage, and internal organ trauma occur at disproportionate rates. That severity directly affects the value of a pedestrian accident claim.

Economic damages in a pedestrian claim carry specific dollar amounts tied to the financial losses the crash caused. These typically include:

• Emergency room treatment, ambulance transport, hospitalization, and trauma surgery required after the initial impact
• Orthopedic care for fractures to the pelvis, legs, and hips, which are among the most common pedestrian crash injuries due to the height at which vehicle bumpers and hoods strike the body
• Traumatic brain injury rehabilitation, including neuropsychological testing, cognitive therapy, and long-term neurological monitoring
• Physical therapy and occupational therapy to restore mobility, particularly when the pedestrian suffered lower-extremity fractures or spinal injuries that affect the ability to walk
• Lost wages from time away from work, as well as diminished earning capacity if injuries like chronic pain, limited mobility, or cognitive deficits prevent a return to the same occupation
• Assistive devices such as wheelchairs, walkers, prosthetics, or home modifications required for recovery or long-term disability
• Replacement cost for personal belongings damaged in the collision, including phones, eyeglasses, hearing aids, and clothing

Non-economic damages address the broader impact of the pedestrian's injuries on daily life. These may include:

• Physical pain from impact injuries, surgical recovery, and ongoing rehabilitation
• Emotional distress, anxiety about crossing streets or being near traffic, and post-traumatic stress that may develop after being struck by a vehicle
• Loss of independence when injuries limit the ability to walk, drive, or manage daily tasks without assistance
• Loss of enjoyment of life when mobility limitations prevent participation in exercise, social activities, or family routines that were part of life before the crash
• Scarring and disfigurement from road rash, surgical incisions, or facial injuries sustained during the collision

Thorough documentation drives claim value. Medical records, billing statements, pay stubs, and a detailed account of how the injuries affect daily life all contribute to a stronger demand.

What if My Loved One Died in a Philadelphia Pedestrian Accident?

When a pedestrian accident results in a fatality, surviving family members may pursue a wrongful death claim through the personal representative of the deceased person's estate. Pennsylvania's wrongful death statute allows family members to seek compensation for the losses they suffered as a result of the death.

A wrongful death claim is separate from a survival action, though both are often filed together:

• The wrongful death claim compensates surviving family members for their losses. 
• The survival action compensates the deceased person's estate for the pain, suffering, and expenses the pedestrian experienced between the time of the crash and the time of death.

Damages in a pedestrian wrongful death claim may include:

• Funeral and burial expenses
• Loss of the deceased person's future income and financial contributions to the household
• Loss of companionship, guidance, and parental care for surviving spouses and children
• Medical expenses incurred between the crash and the death
• The deceased person's pain and suffering during that period, pursued through the survival action

Pennsylvania's two-year statute of limitations applies to wrongful death claims, typically measured from the date of death. The six-month government notice requirement also applies if a municipal entity, city vehicle, or dangerous road condition contributed to the fatal crash.

Our pedestrian accident attorneys handle wrongful death claims in Philadelphia with the care these families need and the litigation resources these cases demand.

How Long Do I Have to File a Pedestrian Accident Claim in Pennsylvania?

Pennsylvania's statute of limitations is two years from the date of the accident or death. Under 42 Pa. C.S. § 5524, a personal injury lawsuit for injuries caused by the wrongful act or negligence of another must be filed within two years. Missing that deadline typically means losing the right to pursue compensation.

Claims involving a government unit may require written notice within six months under Pennsylvania law. This can apply when a city vehicle, municipal employee, defective signal, dangerous road condition, or other government-related factor contributed to the crash.

Evidence in pedestrian cases is especially time-sensitive. Traffic camera footage may be overwritten in days. 911 recordings, witness memories, and physical road conditions all degrade over time. Starting a case early protects both the evidence and the deadline.

Common Questions for Our Philadelphia Pedestrian Accident Attorneys

Your Next Step After a Philadelphia Pedestrian Accident

Every day that passes after a pedestrian accident is a day that evidence degrades and deadlines get closer. 

A conversation with a Philadelphia pedestrian accident attorney at The Rothenberg Law Firm LLP clarifies what your claim may involve, who may be held responsible, and what the path forward looks like.

We handle consultations at no cost and take cases on a contingency fee basis. Call 215-732-7000 or contact us through our online form to get started.

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The Rothenberg Law Firm Accident and Injury Lawyers - Philadelphia Office

1420 Walnut St
Philadelphia, PA 19102

Ph: (215) 330-6551