Philadelphia Pedestrian Accident Lawyer
Personal Injury: Pedestrian
When a motor vehicle strikes a person on foot, there is no bumper, airbag, or seatbelt to absorb the impact. The injuries are often severe, the recovery is long, and the insurance companies move fast to limit what they pay. Capek Law represents pedestrians and their families across Philadelphia and the tri-state area, and we fight for the full compensation and justice our clients deserve.
As a Philadelphia pedestrian accident lawyer, Capek Law P.C. fights for people struck in crosswalks, parking lots, and on city sidewalks. When a pedestrian crash is fatal, we also serve as a Philadelphia wrongful death lawyer for the families left behind.
Who Can Be Held Liable
The more responsible parties we identify, the more insurance coverage may be available to pay for your recovery.
- The driver — for speeding, distraction, failing to yield, impairment, or any careless driving.
- The driver’s employer — when the driver was working, the company and its commercial policy may be responsible.
- Rideshare and delivery companies — Uber, Lyft, and delivery apps carry policies that may apply depending on the driver’s app status at the time.
- SEPTA and transit operators — for bus and trolley crashes. Claims against SEPTA follow special government rules and shorter notice deadlines.
- The City or the Commonwealth — in limited situations, for dangerous road conditions, broken signals, or missing crosswalk markings.
- Property owners and businesses — for unsafe parking lots, poor lighting, or blocked sightlines.
- Vehicle manufacturers — when a defect such as brake failure contributed to the crash.
- Bars and restaurants — under Pennsylvania’s dram shop law, when they served a visibly intoxicated driver who then caused the crash.
#1
Philadelphia’s rank for traffic fatality rate among major U.S. cities
55
Pedestrians killed on Philadelphia streets from 2024-2025
1/2
Of vehicle-related deaths involved a hit-and-run drivers.
Pedestrian Accidents We Handle
Crosswalk Accidents
Pennsylvania law requires drivers to yield to pedestrians in marked and unmarked crosswalks. When they don’t, they can be held responsible for the harm they cause.
Turning-Vehicle Crashes
Drivers turning left or right on red often watch for cars, not people. These are among the most common pedestrian crashes at city intersections.
Hit-and-Run Accidents
Nearly half of Philadelphia’s pedestrian deaths involve a driver who flees. Even if the driver is never found, your own insurance may still provide coverage.
Distracted & Impaired Drivers
Texting, phone use, and drunk or drugged driving take a driver’s eyes and judgment off the road. Phone records and toxicology can prove it.
Speeding & Red-Light Running
Speed is the single biggest factor in whether a pedestrian survives a crash. We use red-light camera data, video, and crash reconstruction to show what happened.
Parking Lot & Driveway Accidents
Backing vehicles, delivery trucks, and drivers cutting through lots injure pedestrians every day. Property owners may share responsibility for poor design or lighting.
Bus, Truck & Commercial Vehicle Crashes
SEPTA buses, delivery vans, and box trucks have wide blind spots and heavy loads. Commercial and government defendants bring different rules and deadlines.
Rideshare & Delivery Driver Accidents
Uber, Lyft, and app-based delivery drivers can trigger company insurance policies with higher limits, depending on whether the app was active.
Common Injuries After a Pedestrian-Related Motor Vehicle Accident
A pedestrian absorbs the full force of a vehicle, then often a second impact with the hood, windshield, or pavement. Many of these injuries need surgery, months of rehabilitation, or lifelong care.
Traumatic Brain Injuries
Concussions, skull fractures, and lasting cognitive changes.
Spinal Cord Injuries
Herniated discs, fractures, and paralysis.
Broken Bones
Legs, knees, hips, pelvis, and arms, often requiring surgery and hardware.
Internal Injuries
Organ damage and internal bleeding that may not show symptoms right away.
Knee & Ligament Tears
ACL, MCL, and meniscus damage from bumper-height impact.
Road Rash & Scarring
Skin injuries that can require grafts and leave permanent marks.
Amputation
Loss of a limb from crushing or severe trauma.
Emotional Trauma
PTSD, anxiety, and fear of crossing streets after a crash.
Compensation You May Recover
A pedestrian injury claim can include:
| Category | What it covers |
|---|---|
| Medical expenses | Emergency care, surgery, hospital stays, therapy, medication, and future treatment |
| Lost income | Wages missed while recovering, and reduced earning ability if you can’t return to the same work |
| Pain and suffering | Physical pain, emotional distress, and loss of enjoyment of life |
| Disfigurement | Scarring and permanent physical changes |
| Home care & modifications | In-home help, mobility equipment, and accessibility changes |
| Property damage | Phones, glasses, mobility devices, and other personal items |
| Wrongful death damages | Funeral costs, lost financial support, and loss of companionship for families |
| Punitive damages | In rare cases of outrageous conduct, such as extreme drunk driving |
What if I was partly at fault? Pennsylvania follows modified comparative negligence. You can still recover as long as you were not more at fault than the driver (50% or less). Your award is reduced by your share of fault. Insurers often blame pedestrians for jaywalking, dark clothing, or phone use to shrink a claim. We push back with video, witness statements, and crash reconstruction.
Deadlines That Can End Your Claim
| Claim | Deadline | Notes |
|---|---|---|
| Pennsylvania injury lawsuit | 2 years from the accident | 42 Pa.C.S. § 5524 |
| Pennsylvania wrongful death | 2 years from the date of death | Brought by the estate or family |
| Claim against the City, a township, SEPTA, or the Commonwealth | Written notice within 6 months | 42 Pa.C.S. § 5522; damages can also be capped |
| Injured child (Pennsylvania) | 2 years after turning 18 | The parents’ own claims for medical bills follow the normal deadline |
| New Jersey injury lawsuit | 2 years | Claims against NJ public entities need notice within 90 days |
| Delaware injury lawsuit | 2 years | — |
Don’t let evidence disappear. Business security footage is often recorded over within days. Vehicle data, witness memories, and skid marks fade fast. The sooner we start, the more evidence we can preserve.
Tri-state cases. Many pedestrians are hit in one state by a driver insured in another. New Jersey and Delaware have their own insurance and fault rules, and the right state for your claim can change its value. Capek Law handles pedestrian cases across PA, NJ, and DE.
After a Pedestrian Accident
- ✓Call 911 and get medical care right away — even if you feel okay.
- ✓Ask for a police report and write down the report number.
- ✓Photograph the scene, the vehicle, its license plate, your injuries, and any traffic signals or crosswalks.
- ✓Get the names and phone numbers of witnesses.
- ✓Note nearby businesses or homes that may have security cameras.
- ✓Keep every medical record, bill, and receipt, and track missed work.
- ✓Call an attorney before you speak with any insurance company.
- ✗Apologizing or guessing about fault at the scene.
- ✗Giving a recorded statement to the driver's insurer.
- ✗Signing medical releases or accepting a quick settlement offer.
- ✗Posting about the accident or your injuries on social media.
How a Pedestrian Injury Claim Moves
- 01Step 1
Free consultation
We review what happened and explain your options, at no cost.
- 02Step 2
Investigation
We gather police reports, video, witness statements, and medical records.
- 03Step 3
Insurance claims
We open your first-party benefits claim and notify every liable insurer.
- 04Step 4
Treatment & documentation
You focus on recovery while we track the full cost of your injuries.
- 05Step 5
Demand & negotiation
We present a comprehensive demand package outlining your medical treatment and injuries, and negotiate for the maximum possible settlement for your case.
- 06Step 6
Lawsuit & trial
If the insurer won’t pay what’s fair, we file suit and prepare to take your case to trial.
Why Capek Law?
Insurance companies have adjusters and lawyers working to pay you as little as possible from day one. You deserve the same level of advocacy on your side.
- Client-First Advocacy — Your recovery comes first. We handle the insurers, the paperwork, and the deadlines so you can focus on healing.
- Clear Communication — You’ll always know where your claim stands and what comes next, with direct access to your attorney.
- Trial-Ready Preparation — Insurers offer more to clients whose lawyers are ready to go to court. We build every case that way.
- Rooted in Philadelphia — We know these streets, these courts, and the city’s most dangerous corridors. From 2001 Market Street, we serve injured pedestrians across PA, NJ, and DE.
The information on this page is for general educational purposes and is not legal advice. Reading it does not create an attorney-client relationship. Deadlines and insurance rules described reflect Pennsylvania law as of October 2026 and may change. Prior results do not guarantee a similar outcome. Every case is different — contact an attorney about your specific situation.