Pedestrians in Philadelphia can sometimes feel like they’re fighting a never-ending battle when it comes to local traffic. Just crossing a street can be a risky trip when so many drivers allow themselves to be distracted nowadays.
Rush hour can be traumatic enough for those on foot, but traffic levels are peaking well into the night. Visibility is always a concern for pedestrians. Walkers can be in plain sight and crossing when the crosswalk light allows them to and a careless driver can still completely miss them. At night those risks become even greater.
The numbers paint a clear picture of the dangers to pedestrians in urban settings at night. The Insurance Institute for Highway Safety (IIHS) found that 81% of fatal pedestrian accidents happened along city streets and highways in 2018. Nearly a fourth of all pedestrian accidents took place between 9 pm and midnight.
Pedestrian Struck by Vehicle in Kensington
A 60-yr-old man walking after dark wound up in the hospital after getting hit by a car in the Kensington section of Philadelphia.
ABC6-TV reported on the collision on Tuesday Night. They say it happened along the 700 block of East Allegheny Avenue shortly before 10 pm July 28, 2020.
Police said the man was critically injured and taken to Temple University Hospital. The driver in the incident remained on the scene for the investigation.
Holding Distracted Drivers Responsible in Pedestrian Accidents
In these tragic cases, the pedestrian can just be out getting exercise, walking to work, or heading to the store. A journey on foot should never lead to a violent collision that leaves a pedestrian injured and facing a long, expensive recovery. But that’s the situation many victims find themselves in after an accident.
The driver can be held liable in these incidents and be forced to pay for medical bills and even lost time from work. Perhaps the driver was speeding, was distracted, or even disobeying traffic lights at the time of the accident. They may claim they never saw the victim, but that doesn’t mean they can escape covering the cost of their mistake.
Pennsylvania State Laws Protecting Accident Victims
A victim in a pedestrian accident is granted two years in which to file a claim against an at-fault driver. It is not recommended to wait this long to file a claim though. The more months that pass after an accident, the harder it will be to gather evidence to build a strong case.
Even if a victim feels he or she was partially at fault in the accident a claim for damages may still be an option. Pennsylvania is a modified comparative fault state. This means that a percentage of the blame can be divided between everyone involved in an accident. If a victim is ruled to be less than 51% at-fault in the accident he or she can still file a claim to get compensation matching the driver’s percentage of responsibility in the accident.
Contact a Philadelphia Pedestrian Accident Lawyer
If you or a loved one was injured in a pedestrian accident please contact a Philadelphia Pedestrian Accident Lawyer such as Edith Pearce. Unlike the huge firms with dozens of attorneys that may handle different aspects of your case, Edith Pearce is personally involved in every case that we handle. She genuinely cares about her clients and you will not be treated like just another case or file.