Law Offices of Eric A. Shore

Do I Still Have a Case if the Pedestrian Accident Was Partly My Fault in Pennsylvania in 2025

Many people call the Law Offices Of Eric A. Shore with the same fear. They were hit while walking or crossing the street in Philadelphia, but they feel they made a mistake. They think they stepped out too fast or crossed at the wrong spot. They think that one mistake means they have no case.

Most of the time they are wrong.

Can you still have a case if you were partly at fault?

Yes. In Pennsylvania you can still have a case as long as you were 50 percent or less at fault. The Law Offices Of Eric A. Shore has handled many pedestrian accidents where the injured person made a small mistake but still recovered money. Your recovery may be reduced, but the case does not disappear.

How fault works in Pennsylvania

Pennsylvania uses a comparative negligence rule. The court looks at what each person did right before the crash. If the pedestrian made a mistake, the money they recover may go down. The case only fails if the pedestrian is more than 50 percent at fault.

What insurers try to use against a pedestrian

  • Insurers look for small details and try to twist them.
  • They point to crossing outside a crosswalk near City Hall.
  • They bring up ignoring a signal on Market Street or JFK Boulevard.
  • They mention stepping between parked cars near Cottman Avenue.
  • They talk about checking a text while crossing Bustleton Avenue.

These details may reduce the recovery. They do not end the case.

What evidence can change everything

Evidence often decides pedestrian cases. A store camera near Broad Street may show the driver speeding. A gas station camera may show that you crossed with the light. A witness may say the driver never slowed down.

Most cameras delete video within two or three days. Calling the Law Offices Of Eric A. Shore early helps save the footage before it disappears.

Does jaywalking ruin a pedestrian case?

No. Jaywalking may reduce the recovery, but it rarely ends the case. Drivers who speed, make unsafe turns, or look at their phones often carry most of the blame.

What if the pedestrian was distracted?

A distracted pedestrian can still recover money. Drivers have the higher duty because they control a heavy machine. If the driver created the danger, the pedestrian can still win even if the pedestrian was not perfect.

Why this matters for people who cannot work?

Many pedestrians who call the Law Offices Of Eric A. Shore are already dealing with medical problems. Some are waiting for Social Security Disability. Some are trying to stay at work with knee injuries or concussions. A road accident can make everything harder. A strong injury case can help while they wait for SSD or Workers Compensation decisions.

Real examples from the Law Offices Of Eric A. Shore

The Law Offices Of Eric A. Shore has six lawyers who handle pedestrian accidents every day. We have helped thousands of people in Philadelphia. Many came to us thinking they had no case because they felt partly at fault.

We recently handled a case where the other side insisted our client was more than 50 percent to blame. They pushed that argument for months. It did not stop us. The case settled for almost two million dollars.

When your injuries are serious, it almost always makes sense to investigate. Blaming yourself helps no one. If you assume you were at fault, you recover nothing and the driver walks away free. Asking questions costs nothing. It often changes everything.

How long someone has to file in Pennsylvania

Most injury claims must be filed within two years. Waiting can hurt the case because video gets erased and witnesses forget what they saw. Early action gives you the best chance at keeping the proof.

Frequently Asked Questions About Pedestrian Accidents in Pennsylvania

What is the law in Pennsylvania for pedestrian accidents?
Pennsylvania follows a comparative negligence rule. You can recover money if you are 50 percent or less at fault, and the Law Offices Of Eric A. Shore can explain how this applies to your case.

Can I still bring a claim if I stepped out too fast or mistimed the light?
Yes. A small mistake does not end the case.

Does not being in a crosswalk kill a case?
No. It may lower the recovery, but it rarely ends the claim.

What if the driver says I darted out?
Drivers often say that. Video and witnesses usually tell a different story.

Do insurance companies try to blame pedestrians?
Almost always. They look for any detail they can twist.

Should I call a lawyer even if I think the accident was my fault?
Yes. Many strong cases at the Law Offices Of Eric A. Shore started with a client who blamed themselves.

Will the insurance company treat me fairly if I handle the claim alone?
No. They will try to shift as much blame onto you as they can.

How fast can video disappear?
Often within two or three days.

Can I still have a case if I was looking at my phone?
Yes. A distracted pedestrian can still recover if the driver caused the danger.

Does it matter that I am out of work or waiting for disability?
Yes. These cases often overlap with Workers Compensation and Social Security Disability.

Talk to a Pennsylvania lawyer who understands pedestrian accidents

If you were hurt as a pedestrian in Philadelphia or anywhere in Pennsylvania and you feel like you may have been partly at fault, it helps to talk with someone who handles these cases every day. Many people call the Law Offices Of Eric A. Shore unsure if they even have a case. That is normal.

You can reach the Law Offices Of Eric A. Shore at 1-800-CANT-WORK or at 1800CANTWORK.com. A call can help you understand your options.

This is general information and not legal advice. For advice about your own situation, please speak with a lawyer.

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