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.