PHILADELEPHIA PEDESTRIAN INJURY LAWYERS
Philadelphia is a vibrant city filled with pedestrians. When a pedestrian, bike rider, roller-blader, runner, or jogger is legally using a city street and is injured by a car, truck, or in a multi-vehicle accident, the injuries will usually require compensation for hospital bills, lost wages, and pain and suffering. If you are a pedestrian that has been injured in a car accident or truck accident, contact Fox Law Philadelphia Pedestrian Injury Lawyers today. We are a top rated Philadelphia Personal Injury law firm and can help you with your legal and medical needs, so you can focus on your recovery.
Injured Pedestrians Entitled to Full Tort Insurance Coverage in PA
In Pennsylvania, injured pedestrians are entitled full tort insurance coverage, which means that pedestrians have the right to sue for pain and suffering. Not everyone who is injured in a car accident has this right. Pennsylvania is a no-fault state, which means that regardless of who is at-fault in a car accident, it is your car insurance that will determine your rights to sue for compensation under Pennsylvania law.
Full Tort Insurance Coverage vs. Limited Tort Insurance Coverage
Pennsylvania Car Insurance policies are written as either full tort or limited tort. Limited tort policies are less expensive, and with good reason. They do not allow the policy holder to sue the at-fault driver for pain and suffering, with few exceptions. Full tort policies are more expensive, but full tort policy holders have full rights to sue an at-fault driver for pain and suffering. Therefore, if you chose limited tort insurance and were driving your car and involved in a car accident, you would not be permitted to sue for pain and suffering, with some exceptions.
Pedestrians, on the other hand, are one of the exceptions to Pennsylvania car insurance full tort and limited tort laws. Pedestrians who are injured outside of their car are deemed full tort. This means that they have full tort rights to sue for pain and suffering, regardless of the type of car insurance they chose.
Why full tort insurance coverage is important?
Full tort policies allow you to recover economic damages, work loss, AND pain and suffering. It is important to retain your right to sue for pain and suffering because the monetary damages for pain and suffering is a substantial portion of the overall monetary award to the victim.
The rationale for these two options is public policy. Pennsylvania wants its drivers to have car insurance to protect innocent drivers, but oftentimes the premiums are too high. As a result, Pennsylvania gives drivers an option called “Limited Tort,” which allows drivers to pay a smaller premium in exchange for only being able to recover minimally, for economic damages and work loss from an at-fault driver. If you choose a limited tort policy, there will not be compensation for the pain and suffering, unless one of the exceptions set forth below applies.
Philadelphia Pedestrian Injury Lawyers Explain Important Limited Tort Exceptions
There are exceptions to Limited Tort barring an innocent driver’s ability to recover pain and suffering from an at-fault driver. The first exception is if the innocent driver suffers a “serious impairment of bodily function.” This means that your injuries must be significant enough to impact your daily functioning. Cervical and lumbar sprains and strains will not do it. Broken bones and herniated discs probably will. The second exception is if the at-fault vehicle is an out-of-state vehicle. The third exception is if the driver was drunk or under the influence of drugs. Another exception to limited tort is if you are hit as a pedestrian or bicycle rider, outside of your vehicle.
What if the driver has inadequate insurance?
What happens, however, if the person driving the car that hit you does not have insurance, or has inadequate insurance to cover your injuries? In this case, insurance coverage gets more complicated. If you own a car, or someone you live with owns a car, you may be covered through an uninsured / underinsured auto insurance policy. However, some Pennsylvania car insurance policies require that you were injured while inside of a car for your uninsured / underinsured auto insurance to apply. If coverage excludes injury outside of a car, legal arguments may be made to get over this hurdle. Uninsured/underinsured insurance coverage for pedestrian injury victims can be a complicated area of insurance coverage and skilled Philadelphia Car Insurance Lawyer can help you receive the maximum insurance coverage available to you.
Pedestrian Injury Statistics
As of 2004, our own National Highway Traffic Safety Administration claimed that at least 5,000 reported deaths as the result of reported a pedestrian accident vs auto. In fact, as a result of a pedestrian accident, more than 78,000 pedestrians are seriously injured each year from a car or truck.
Pedestrians are more vulnerable to injury and death on a roadway than are the occupants of a car or truck with safety features such as seat belts, airbag and roll cage. Approximately 90% of non-vehicle occupant deaths involve a pedestrian accident; skateboarders, roller-bladers, and bicyclists. Pedestrian v Auto accidents usually result in catastrophic loss.
Fox Law Results in Pedestrian Accidents
- $1,200,000 Settlement in Montgomery County for a female pedestrian hit by truck causing her to fall and hit her head. She suffered from significant cognitive deficits following the accident.
- $425,000 Settlement in Delaware County for pedestrian walking across street with right-of-way hit by car, suffering fractured leg.
The most important questions to ask when choosing a Philadelphia Pedestrian Injury Lawyer:
When choosing the best Pedestrian Injury Lawyer in Philadelphia to handle your case, hire the lawyer, not the law firm. That is who is handling your case. At Fox Law, John and Laura Fox will be the only attorneys handling your case. We make the phone calls and are hands-on with your file. If you are looking for the best Philadelphia Pedestrian Injury Attorney near you, the most important questions you can ask are:
“Can I speak to the lawyer who will be handling my case?" and "Do they have a manageable case load?"
WE MAKE A RECOVERY FOR YOU OR IT'S FREE.
No case is too big or too small for an evaluation. Fox Law welcomes the opportunity to represent you. Call us today for a prompt and free consultation regarding your personal injury case. During your consultation, your case will be discussed and the facts will be reviewed and evaluated.
If Fox Law accepts your case, it will be handled on a contingency fee, which means you pay nothing out-of-pocket. We carry all of the costs and assume all of the risks when we accept your personal injury claim.
Fox Law welcomes you to contact us.
Where we serve: Center City Philadelphia, Northeast Philadelphia, Bucks County, Chester County, Delaware County, Montgomery County, Allentown, Lehigh Valley, and Reading Pennsylvania.
We are available to meet with you at our Philadelphia office. We also make house calls when necessary.
Our Philadelphia office is conveniently located at Two Logan Square in Center City Philadelphia.
Accessible by walking, bus, train or driving. A parking garage is attached to the building.
Prefer to meet us near Northeast Philadelphia?
We offer free consultations near Northeast Philadelphia by appointment at our conveniently located consultation office in Jenkintown located at 610 Old York Road, Jenkintown, Pennsylvania.
Located in the heart of Jenkintown, adjacent to the SEPTA Noble Train Station and SEPTA bus commuter service stop in front of the building.