What to know after a highway crash
After a crash on a highway or major road, your claim is still a Pennsylvania car accident claim: your own first-party benefits pay medical bills first, your tort election controls pain-and-suffering damages, and the at-fault driver's liability coverage pays the rest. What changes on a highway is the evidence, the police agency, and how many drivers may share the blame.
Warren I. Siegel, a Pennsylvania attorney since 1992, handles these claims from our office at 8000 West Chester Pike in Upper Darby, on one of the busiest roads in Delaware County.
Roosevelt Boulevard
Roosevelt Boulevard (US-1) is known for crashes because of its wide, multi-lane layout, high speeds, and frequent lane changes between the inner and outer roadways. The City of Philadelphia began automated speed camera enforcement on the Boulevard in August 2020 and reports 21% fewer fatal and serious injury crashes since the cameras went live.
Crashes here often involve speeding, red-light running, and pedestrians crossing a long stretch of road. The Philadelphia Police Department typically responds, and the case, if filed, generally belongs in the Philadelphia Court of Common Pleas.
West Chester Pike (PA Route 3)
West Chester Pike runs through Upper Darby, Havertown and Broomall with shopping center entrances, bus stops and left turns across traffic. Rear-end crashes and turning crashes are common, and so are pedestrian injuries near stores and SEPTA stops.
A crash in Upper Darby is usually handled by the Upper Darby Township Police Department, and a crash farther west by the local township police. Venue for a lawsuit is often the Delaware County Court of Common Pleas in Media.
The Schuylkill Expressway (I-76) and I-476 (the Blue Route)
The Schuylkill is known for short merges, sudden slowdowns and stop-and-go traffic, which lead to chain-reaction rear-end crashes. The Blue Route carries fast traffic through Delaware County between I-95 and the Pennsylvania Turnpike, and crashes there often involve lane changes at speed and trucks.
Interstate crashes are often investigated by the Pennsylvania State Police. The State Police release their crash reports to people involved in the crash, their attorney or insurer, generally 15 days after the crash, for a $22 fee. Our guide on getting a Pennsylvania crash report explains the other agencies.
Who is at fault in a chain-reaction or work-zone crash
Multi-vehicle crashes can involve several drivers who each carry part of the blame: the driver who started the chain, a driver following too closely, a driver who changed lanes without looking. Pennsylvania's comparative negligence law (42 Pa.C.S. § 7102) splits responsibility by percentage, and you can recover as long as your share is not greater than the combined share of the defendants.
Work zones add another layer. A contractor's lane closure, signs or barriers may have contributed. These cases turn on early evidence: dash cam and traffic camera video, vehicle data, and photos of the scene before it changes.
When the road itself caused the crash
Claims against the Commonwealth over a highway condition are allowed only in narrow situations. Sovereign immunity is waived for a dangerous condition of highways under a Commonwealth agency's jurisdiction, and for potholes or sinkholes only when the agency had actual written notice of the condition in time to fix it (42 Pa.C.S. § 8522). Damages against Commonwealth parties are capped at $250,000 per plaintiff and $1,000,000 per occurrence (42 Pa.C.S. § 8528).
Written notice to a government agency is generally due within six months of the crash (42 Pa.C.S. § 5522). If a road defect may be involved, contact a lawyer right away.
Deadlines and next steps
The general deadline to file an injury lawsuit after a crash in Pennsylvania is two years (42 Pa.C.S. § 5524), with exceptions. Waiting costs evidence: highway video can be overwritten within days.
Our fee is 100% contingency. No attorney fee unless we recover, the firm advances all case costs, and those costs are repaid only from a recovery. If you were hurt on a highway in Philadelphia or Delaware County, call (267) 412-4601 or send the free case review form.
Questions People Ask About Highway Accident Claims
Why does Roosevelt Boulevard have so many crashes?
Its many lanes, high speeds and split inner and outer roadways create frequent lane changes and long pedestrian crossings. The city added automated speed cameras in 2020 for that reason, and it reports fewer serious crashes since.
Who is at fault if a pedestrian is hit crossing a highway or boulevard?
It depends on the signals, crosswalks, speed and visibility. Drivers must use reasonable care toward pedestrians, and a pedestrian's own conduct can reduce but not always bar recovery under Pennsylvania's comparative negligence rule.
Is it worth hiring a lawyer after a highway crash?
If you were injured, usually yes. Highway crashes often involve several drivers and insurers, State Police reports and video that must be requested quickly. A free review costs nothing, and there is no fee unless we recover.
What percentage does a lawyer take from a car accident settlement?
It depends on the written fee agreement. We work on 100% contingency: no attorney fee unless we recover, with case costs advanced by the firm and repaid only from a recovery. We explain the exact percentage before you sign.
How long do highway accident settlements take?
Claims usually settle after treatment shows the full effect of your injuries. Multi-vehicle crashes can take longer because several insurers must agree on fault shares.
What is the hardest injury to prove after a crash?
Soft tissue injuries, concussions and pain that appears days later are often disputed because they may not show up on scans. Prompt medical care and consistent treatment records are the strongest proof.
What should I not say to the insurance company after a highway crash?
Do not guess at speeds or distances, admit fault, or give a recorded statement to the other driver's insurer. Report the claim to your own insurer, then let your lawyer handle the rest.
Sources
- City of Philadelphia: Roosevelt Blvd speed cameras (2023)
- Pennsylvania State Police: Request a copy of a vehicle crash report
- 42 Pa.C.S. § 7102 (comparative negligence)
- 42 Pa.C.S. § 8522 (exceptions to sovereign immunity)
- 42 Pa.C.S. § 8528 (limitations on damages)
- 42 Pa.C.S. § 5522 (notice to government units)
- 42 Pa.C.S. § 5524 (two-year limitation)
Written for general information by the office of Warren I. Siegel, Esq., Pennsylvania Attorney ID 65342. Last reviewed 2026-09-25. This is not legal advice for your situation, and deadlines vary by claim. Talk to a lawyer before relying on any date.