Tragic Fatal Pedestrian Accident

Big cities like Philadelphia are known for the busiest traffic and also for having the most walkers on the sidewalks. It’s a dangerous intersection of vehicles and pedestrians that commonly leads to accidents.

The latest data from the National Highway Traffic Safety Administration (NHTSA) estimates that in 2018 6,283 pedestrians died in collisions on public roads.  The numbers also showed the most deadly time to be out on foot was after dark.  76% of all pedestrian accidents took place after sundown.

Heavy traffic and darkness often combine to create a deadly risk to pedestrians out on city streets. Many drivers are careless and miss seeing nearby pedestrians. The nighttime only increases the chances a distracted driver will miss seeing someone in front of them.

Philadelphia Pedestrian Falls into Traffic and Struck

A pedestrian has died after falling into traffic and being struck by a vehicle in the Fairhill neighborhood.

ABC6-TV reporting the accident happened on Tuesday night on the 700 block of West Allegheny Avenue on July 28, 2020. Police say it happened around 10 pm when the 64-yr-old man got out of a car and walked around to the driver’s side to speak with that driver. The victim then somehow fell back into oncoming traffic.  He was struck by a Jeep.

The victim was pronounced dead at the hospital. The driver stayed on the scene for the investigation.

Wrongful Death Claims In Pedestrian Accidents

In these tragic cases, the family of the victim may get the devastating news and be left with little time to deal with the grief.  Any hospital bills from before the death and funeral costs can all come due at once. That doesn’t even take into consideration the money lost because the victim isn’t providing income from his or her job anymore. These bills can add to the anguish, especially if another driver’s negligence is responsible for the accident that took a loved one’s life.

Families in these situations should know that they are protected under state law.  They are allowed to file a wrongful death claim against anyone who had a part in causing the death of the victim.  A representative of the family, usually a husband or wife, adult child, or a parent can file the claim on behalf of the family.

Important Factors in Wrongful Death Cases

It’s important to know that Pennsylvania law provides family members with two years to file a wrongful death lawsuit.  The two year period begins on the day the victim passes away.  It can be harmful to your case to wait the full two years, however. The more time that passes after an accident, the harder it will be to collect evidence and documents to build a strong case.

Something else to remember, a victim may be found to be partially to blame in an accident but that doesn’t necessarily mean a family shouldn’t file a claim for damages. Pennsylvania is a modified comparative fault state.  This means that a percentage of the blame can be divided between everyone involved in a deadly accident. If a victim is ruled to be less than 51% at-fault in the accident a family can still file a wrongful death claim to get compensation matching the driver’s percentage of responsibility.

Contact a Philadelphia Pedestrian Accident Lawyer

If your family lost a loved one in a pedestrian accident please feel free to 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.


Boat Accidents on the Delaware River

Boat accidents are nothing new in Pennsylvania and on the Delaware River. Nearly all of them are preventable. There are a wide number of causes for boat accidents like the reckless or negligent operation of a boat, excessive speed, operating a boat in bad weather, poor passenger behavior, overloading a boat. operating a boat while under the influence of alcohol or drugs and operating a boat after sundown with no navigational lights

Common Boat Accident Injuries

Boating accident injuries can be minor like cuts and bruises, or they be could be considerably more serious. Here are a few examples of some of the more serious injuries:

  • Skull fractures or severe concussions from falling to the boat’s deck.
  • Spinal fractures and spinal cord injuries from diving into shallow water.
  • Multiple fractures and dislocations.
  • Severe burn injuries from explosions.
  • Irreversible brain injuries or deaths from drowning.

A Recent Delaware River Accident

A potentially tragic accident happened in May 2020 when a pleasure boat about 16 feet in length with six people on it overturned on the Delaware River. The boat reportedly struck a submerged object at about 9:30 p.m. Several people aboard the boat were thrown into the river. Members of the Edgely Boat Club, firefighters, and nearby boater assisted in pulling victims from the water. It’s unknown whether they were wearing personal flotation devices. Three to four people were transported to a local emergency room. The nature and extent of their injuries were not known at the time of their arrival.

Who Can Be Held Liable for a Boat Accident?

Certain boating “rules of the road” control liability in many boat accidents. Failure to follow those rules or otherwise acting in a careless and negligent manner can cause a person to be held liable for an injured victim’s injuries and damages. If a negligent operator of another boat caused injuries to you and your passengers, all of you are allowed to seek damages from that operator. Those damages might consist of the following:

  • Past and future medical bills.
  • Any past or future lost earnings.
  • Any permanent disfigurement or disability.
  • Pain and suffering.
  • Diminished enjoyment of life.
  • Funeral, burial and other valuable damages in the event of a wrongful death.

Contact a Pennsylvania Personal Injury Lawyer

If you or a family member are seriously injured in any type of boating accident, contact our offices for a free consultation.  After that, we can chart a course to get you headed in the right legal direction.


What if I’m Hit and Injured by a Carjacker in Philadelphia?

Motor vehicle crashes with injuries happen every day in and around Philadelphia, Sometimes, those crashes involve vehicles that have been stolen or carjacked.

That’s what happened to a woman on 17th Street in April 2020. A 23-year-old woman who was driving on 17th Street witnessed a crash behind her in her rearview mirror. A man fled that crash and jumped into the back seat of her car. She was then pushed out of her vehicle, and the man drove off. After the man fled the area, he struck a 20-year-old female pedestrian who suffered severe injuries. He then crashed the vehicle in a vacant lot and ran off. His identity remains unknown.

The Insurance Issue

When a driver is operating a stolen or carjacked vehicle, the driver obviously isn’t an insured person. That might leave the pedestrian victim without any legal recourse for the damages that she suffered. If the victim or a family member who she lives with had uninsured motorist coverage at the time that she was hit, she might still be able to obtain compensation for her injuries and damages.

Uninsured Motorist Insurance

The general rule is that Pennsylvania requires anybody behind the wheel of a motor vehicle to be covered by liability insurance in certain minimum amounts. Uninsured motorist coverage is also available, but it’s not mandatory like liability insurance. People who are otherwise insured must ask for it and pay a separate premium for it. Uninsured motorist insurance generally covers you or any member of your household who is a blood relative in the event that one of you are injured in a motor vehicle accident that was caused by an uninsured driver. In most cases, it even provides coverage for injuries suffered by a victim of a hit-and-run. Most policies even cover injuries when the victim was a bicyclist or pedestrian.

Making the Claim

An uninsured motorist claim is made with the insured person’s own insurer. Don’t expect to be treated fairly, no matter how long you’ve been loyally paying premiums to your insurance company. In its efforts to minimize what it will pay. it will do whatever it can to try and push some or all of the fault for the accident over onto you. You’ll quickly find out that you’re far from being in good hands or with a good neighbor. Your own insurance company will want to keep the premiums that you’ve paid over the years and not pay you a penny. That’s when you’ll realize that you should have retained a quality and effective Philadelphia car accident attorney from the start.

Contact a Philadelphia Auto Accident Lawyer.

There are many defenses that your insurer might confront you with in an uninsured motorist claim. Your best interests will be served by retaining an experienced and aggressive Philadelphia car accident attorney from the onset. After being injured or losing a loved one in an accident that was caused by the driver of a stolen or carjacked vehicle, contact a highly rated Philadelphia Auto Accident Lawyer such as Edith Pearce. Unlike the huge firms with dozens of attorneys and many different attorneys handling 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.


Online Personal Injury Consultations for Philadelphians Staying at Home due to Conoravirus

We are open for business in this unusual COVID-19 time! Please don’t let time pass on your personal injury concerns.  Call or email us with your case.  We are ready to help and can meet you virtually!

As of March 2020, many Philadelphia and New Jersey residents are leaving home as little as possible for the next several weeks. However, although courts are closing for a small period of time, deadlines of when to file and investigate cases are still approaching, and many residents need advice from a local personal injury lawyer.

That’s why we are now offering alternative methods of communication such as video conferencing.

If you are seeking the advice of one of Philadelphia’s top Personal Injury Lawyers, contact us today for a free consultation. We’ll be happy to meet you in person, on the phone, or via the convenience of your own home using a videoconferencing app.

People are staying at home due to Coronavirus.

On March 14, 2020, Pennsylvania Governor Tom Wolf announced that all schools in the state are closing. This was a smart move to help mitigate the damage Coronavirus is causing.

There are now many reasons people are staying home:

  • Some people are unable to find a sitter.
  • Some people are under self quarantine.
  •  Some people are practicing self isolation.
  • Some people are simply being considerate and are staying home to help avoid the spread of Coronavirus among the elderly or other immunocompromised residents.

Regardless of the reason, yes, many people are staying home, including people with recent injuries. Some of these people were recently in a car wreck, or, they may have been injured while walking to a grocery store or even on the stairway to their apartment. They still need legal assistance, and we’re here to offer it under any circumstances.

Contact us for a Virtual or Online Consultation Today.

If you or a loved one were recently injured, contact us today for a free consultation. While we enjoy having clients visit us in person, if you are unable to make it to our office in Center City we will be happy to speak to you on the phone or have a video chat.

To schedule your online consultation, call us today!

If you’re not sure where to turn for Coronavirus information, be sure to visit the CDC’s page on COVID-19.


Can I Ride my Bike on the Freeway in Pennsylvania?

Cities in Pennsylvania like Philadelphia are becoming more friendly to cyclists creating bike lanes and paths to encourage more bicycle use in the city. Pennsylvania law

In Pennsylvania, like most states, a bicycle is treated the same as a vehicle when riding on the streets and highways in the state. (75 VC Ch 35). This means that a bike is allowed to ride on the same roads and streets with motor vehicles. They can ride in the middle of a lane and have to obey all traffic rules and are subject to getting tickets for any code violation.

At first blush, it looks like a cyclist can ride on any road in the state, however, the law specifically prohibits bicycles on the freeways. The same law does give the state Department of Transportation the right to allow bikes on certain stretches of a freeway.

Why Not Allow Riding on any Freeway?

PennDot considers a freeway any divided highway, usually with multiple lanes, that have specified entry and exit points. On these roads, bikes, scooters, pedestrians and horses are prohibited by law. However, PennDot can grant exceptions for events such as a bike rally or a bike race, but it rarely does.

The primary consideration for not allowing bikes on freeways is for the safety of the cyclist and motorists. The speed limits on PA freeways can be 55 up to 70 mph, and if a bike is riding on the freeway, a car might not be able to stop in time. If the cyclist sticks to the shoulder, a car can swerve off the road or might attempt to pull over and not see the cyclist.

Contact a Philadelphia Auto Accident Lawyer.

After any accident involving a serious injury, contact a highly rated Philadelphia Auto Accident Lawyer such as Edith Pearce. Unlike the huge firms with dozens of attorneys and many different attorneys handling 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.

Contact The Pearce Law Firm, P.C. at (215) 557-8686 for a free consultation and case evaluation.