Pedestrian Accident Lawyer for Delaware County and Philadelphia: Help After You Are Hit by a Car

Who pays when a car hits a pedestrian in Pennsylvania

When a driver hits a pedestrian, the driver's liability insurance pays for the harm the driver caused, and a pedestrian's early medical bills are usually paid first by an auto policy through Pennsylvania's first-party benefits system. That is true even if you do not own a car, because the law looks to your household policy first and then to the policy on the vehicle that hit you.

Drivers owe pedestrians a real duty of care, and Pennsylvania's Vehicle Code spells out much of it. At the same time, insurers routinely argue that the pedestrian stepped out suddenly or crossed in the wrong place. The rest of this page explains the rules on right-of-way, who pays your bills, and what to do now.

Right-of-way rules for people on foot

Pennsylvania law sets out when drivers must yield to pedestrians and when pedestrians must yield to traffic. These rules often decide fault:

• Where traffic signals are not in place or not working, a driver must yield to a pedestrian crossing within a marked crosswalk or within an unmarked crosswalk at an intersection (75 Pa.C.S. § 3542(a)).
• When a vehicle stops at a crosswalk to let someone cross, drivers approaching from behind may not pass the stopped vehicle (75 Pa.C.S. § 3542(c)).
• A pedestrian may not suddenly leave a curb and walk or run into the path of a vehicle so close that it is a hazard (75 Pa.C.S. § 3542(b)).
• A pedestrian crossing outside a crosswalk must yield to vehicles, and in urban districts, between adjacent intersections with working signals, pedestrians may cross only in a marked crosswalk (75 Pa.C.S. § 3543).

What if you were crossing mid-block or against the signal?

Crossing outside a crosswalk does not automatically end your claim. Drivers still have to watch the road, keep a safe speed and avoid hitting people they can see. Pennsylvania uses modified comparative negligence: if you share some of the blame, your recovery is reduced by your percentage of fault, and it is barred only if your share is greater than the combined fault of the defendants (42 Pa.C.S. § 7102).

That makes the evidence on fault critical. Surveillance cameras on businesses along West Chester Pike, Garrett Road or Lansdowne Avenue, SEPTA bus cameras, doorbell cameras and witness accounts can show the driver's speed, whether the light was green and whether the driver was looking at a phone. Much of that video is recorded over within days or weeks, so it needs to be requested quickly.

How your medical bills get paid first

Every Pennsylvania auto policy must include at least $5,000 in first-party medical benefits (75 Pa.C.S. § 1711). For an injured pedestrian, Pennsylvania law sets an order for which policy pays those benefits (75 Pa.C.S. § 1713). You look first to a policy on which you are the named insured, then to a policy that covers you as an insured, such as a policy held by a relative you live with. If neither applies, a person who was not in a vehicle can claim against the policy on any vehicle involved in the accident.

If no policy applies at all, the Pennsylvania Assigned Claims Plan may provide benefits to eligible residents injured in a Pennsylvania motor vehicle accident who do not own a registered vehicle and have no other first-party coverage (75 Pa.C.S. § 1752). Eligibility has conditions, so have a lawyer check before you assume you are covered or not.

Hit-and-run pedestrian cases

If the driver fled, you may still have a claim through uninsured motorist (UM) coverage on your own or a household member's auto policy. Pennsylvania treats an unidentified vehicle as uninsured when the accident is reported to the police and the injured person notifies their insurer within 30 days, or as soon as practicable, that they have a legal claim arising from the accident (75 Pa.C.S. § 1702). Report the crash to police right away and call a lawyer before that 30-day window closes.

Leaving the scene of a crash that causes injury is a crime in Pennsylvania, and it becomes a felony when the victim suffers serious bodily injury or dies (75 Pa.C.S. § 3742). A criminal case against the driver runs separately from your civil claim for compensation.

Where pedestrian crashes happen around Upper Darby and West Philadelphia

Our part of Delaware County is dense and walkable, which means a lot of people on foot next to a lot of traffic. West Chester Pike, Township Line Road, Garrett Road and Lansdowne Avenue carry heavy traffic past stores, schools and bus stops. The blocks around the 69th Street Transportation Center see constant foot traffic from SEPTA riders. In Philadelphia, wide multi-lane roads such as Roosevelt Boulevard put fast traffic right next to people on foot.

If a SEPTA bus or trolley hit you, different rules apply, including a 6-month written notice requirement. See our SEPTA accident page for details. A crash in Upper Darby, Yeadon or Lansdowne is usually filed in the Delaware County Court of Common Pleas in Media, while a crash in Kingsessing or Cobbs Creek usually belongs in the Philadelphia Court of Common Pleas.

Injuries and what drives the value of a pedestrian claim

A person struck by a car can suffer fractures of the legs and pelvis, head injuries, spinal injuries, internal injuries and deep cuts and bruises. Older adults and children are especially vulnerable. Some injuries, like a concussion, may not seem serious at first. Get checked by a doctor and follow the treatment plan.

The value of a claim depends on the injuries, medical costs, lost income, any lasting limitations, the evidence of fault and the driver's insurance limits. Your own tort election may also matter: limited tort can restrict pain-and-suffering damages unless the injury is serious or an exception applies (75 Pa.C.S. § 1705). If the driver's coverage is too small, underinsured motorist coverage on a household policy may add to what is available.

Deadlines and first steps

A personal injury lawsuit in Pennsylvania generally must be filed within 2 years of the injury (42 Pa.C.S. § 5524). Exceptions exist, including for minors, and claims against a government agency such as SEPTA can require written notice within 6 months (42 Pa.C.S. § 5522). Do not assume you have time.

Right now: get medical care, report the crash to police, write down what you remember, keep your clothing and shoes, and collect names of witnesses. Do not give the driver's insurer a recorded statement until you have talked to a lawyer.

Your Legal Warrior works on a 100% contingency fee: no attorney fee unless we recover, all case costs advanced by the firm and repaid only from a recovery, and nothing owed if there is no recovery. Call (267) 412-4601, answered 24 hours a day, 7 days a week, or send the free case review form.