Pedestrian Accident Lawyer in Pennsylvania

Personal Injury Lawyers / Pedestrian Accident Lawyer in Pennsylvania

Key Takeaways

• Who pays first medical bills? Your first-party medical benefits pay your crash-related treatment, even as a pedestrian. Priority is set by 75 Pa.C.S. §1713; the minimum medical benefits limit is $5,000.
• Deadline to sue? Two years for injury or wrongful death (42 Pa.C.S. §5524). If a government unit is involved, written notice is generally due in six months (42 Pa.C.S. §5522).
• Fault rule? Pennsylvania’s 51% modified comparative negligence, you can recover if you are 50% or less at fault; your award is reduced by your share (42 Pa.C.S. §7102).
• Typical damages: Medical care (current/future), lost income, pain and suffering.
• Cost: No fee unless we win. We’re available 24/7 with board-certified trial lawyers.

Contact Munley Law today to schedule a free case evaluation.

What Should I Do After Being Hit by a Car?

If you’ve been hit by a car as a pedestrian, it’s essential to take specific steps to protect your health & legal rights. Here’s what you should do immediately following the accident.

Seek Medical Attention and Contact Law Enforcement

• Your health and safety should be your top priority. Even if you don’t feel seriously injured,  seek medical attention immediately. Some injuries, like internal bleeding or head trauma, may not show up right away. However, they can lead to serious problems if not treated.
• Contact law enforcement to report the accident and request assistance. The police will document the incident, gather information from the parties involved, & create an official report. This report can be valuable evidence if you pursue a personal injury claim.

Collect Driver & Witness Information, Gather Evidence

• If you can do so safely, gather information from the driver and any witnesses to the accident. Obtain the driver’s name, contact information, insurance details, and vehicle license plate number. Additionally, collect contact information from any witnesses who saw the accident occur.
• Take photos or videos of the accident scene. Include any visible injuries, property damage, skid marks, traffic signals, and road conditions. This documentation can serve as evidence to support your compensation claim.

Do Not Admit Fault & Report To Your Insurance Company

• Do not make any statements or admit fault at the accident scene. This is true even if you think you helped cause the crash. Admitting fault could impact your ability to recover compensation for your injuries.
• If you have car insurance, report the accident to your insurance company immediately. Provide them with the necessary accident details, but avoid providing recorded statements or signing documents without consulting a pedestrian accident lawyer first.

Seek Legal Representation & Follow Guidance

• Seek legal representation from an experienced pedestrian accident attorney as soon as possible. They can protect your rights during the legal process, and they will also fight for the compensation you deserve for your injuries and damages.
• Follow all medical recommendations & attend follow-up appointments with healthcare providers. Following your treatment plan and going to rehab sessions can help you fully recover from your injuries.
• Keep detailed records of all medical expenses, including hospital bills, prescription medications, rehabilitation costs & other related expenses. Additionally, document any lost wages or income resulting from the accident.
• Refrain from posting about the accident or your injuries on social media platforms. Insurance companies and defense attorneys may use social media posts against you to undermine your claim.

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What Does A Pedestrian Accident Lawyer Do For Me?

Being in an accident is tough, & dealing with what comes next can be overwhelming. There’s the insurance company to talk to, recovering from injuries, taking time off work, and sorting out legal matters. If you’ve been in a car accident, you might wonder if it’s worth getting a lawyer. However, with of all your challenges, having an experienced lawyer on your side can make a big difference.

Here are a few ways a personal injury lawyer can help you with your case:

• Investigating the Pedestrian Accident: Conflicting reports can exist about who’s at fault in your accident. A thorough investigation will determine the cause of the crash & identify the responsible party. Our attorney will gather vital information necessary to establish liability. This includes interviewing witnesses, analyzing photographs and video footage, consulting with experts, reconstructing the accident scene, and reviewing the police report.
• Assessing the Total Loss: Pedestrian accidents come with significant costs. You have immediate bills to think about. There are also future costs, like long-term medical care. Our personal injury attorneys work with medical professionals & economic experts to calculate the maximum value of your damages, considering current and future expenses.
• Dealing with the Insurance Company: It might seem obvious who caused the accident. However, the insurance company may not give you a fair settlement. To get compensation, you will need help from an experienced car accident lawyer. They can negotiate with the insurance company & fight for a fair settlement.
• Representing You in Court: Our skilled trial lawyers are ready to take your case to court if we cannot reach a settlement.

Who Pays My Medical Bills After A Pedestrian Crash in PA?

Pennsylvania uses first-party medical benefits for crash treatment, even if you were walking. The minimum medical benefits limit is $5,000. The law sets this priority (75 Pa.C.S. §1713):

• Your policy if you are the named insured.
• A policy that lists you as an insured (for example, a household policy).
• If you were an occupant, the policy on that vehicle.
• If you were a pedestrian (not an occupant), a policy on any vehicle involved.

If the at-fault driver is uninsured, underinsured, or flees, we look to your UM/UIM coverage. After first-party benefits, we pursue the at-fault driver for what remains (medical costs, lost income, and other losses).

Common Causes of Pedestrian Accidents

When drivers don’t use proper caution, the results can be devastating, especially for pedestrians. Some common causes of pedestrian accidents include:

Distracted Driving: Distracted driving happens when drivers take their focus off the road. This often occurs when they text, talk on the phone, adjust the radio, or eat while driving. Distracted drivers may fail to notice pedestrians in crosswalks or intersections, increasing the risk of collisions.

Failure to Yield: Drivers must yield the right-of-way to pedestrians at crosswalks and intersections. However, some drivers do not yield or ignore traffic signals. This puts pedestrians at risk of being hit while crossing the street.

Speeding: Speeding reduces a driver’s ability to react to unexpected situations and increases the severity of accidents. Drivers who speed may find it hard to stop in time. This is especially true in busy areas or when it’s hard to see.

Impaired Driving: Drunk driving or driving under the influence of drugs can seriously impact a driver’s judgment. It also affects coordination and reaction time. Impaired drivers are more likely to fail to see pedestrians, swerve onto sidewalks, or disobey traffic signals.

Failure to Obey Traffic Laws: Drivers and pedestrians must follow traffic laws & signals. This helps keep everyone safe on the road. Breaking traffic laws can lead to accidents and injuries. This includes actions like running red lights, ignoring stop signs, and crossing outside of crosswalks. Pedestrians are especially at risk.

Road Design & Infrastructure: Poorly designed roads can cause accidents for pedestrians. This includes unclear signs, a lack of crosswalks or pedestrian signals, and inadequate lighting. Infrastructure deficiencies create hazardous conditions for pedestrians & increase the risk of vehicle collisions.

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How Is Fault Decided In A Pedestrian Collision?

Depending on the circumstances of the collision, multiple parties may bear legal & financial responsibility for a pedestrian accident.

In many of these accidents, driver negligence is the main culprit. After such a pedestrian accident, your pedestrian accident lawyer may file a lawsuit against the following parties:

• The driver: If the driver failed to follow the rules of the road, they could be held responsible for your accident.
• The vehicle manufacturer: If a defect in the car caused the accident, the manufacturer might be responsible. For example, this could happen if the brakes were faulty.
• The government: If the crosswalk or the lighting system is damaged, a government agency may be responsible.
• The pedestrian: In some cases, the pedestrian may be held responsible for the accident. An example would be a pedestrian darting between two parked cars without looking for ongoing traffic.

Right-of-Way in Pennsylvania (quick rules)

• Crosswalks: Drivers must yield to pedestrians in marked and unmarked crosswalks at intersections (75 Pa.C.S. §3542).
• Mid-block: Pedestrians must yield to vehicles when crossing outside a crosswalk (75 Pa.C.S. §3543).
• Shared fault: If either side is careless, the award is reduced by the share of fault. You can recover if you are 50% or less at fault; at 51% or more, you cannot recover (42 Pa.C.S. §7102).

Could it be a Problem with the Crosswalk?

Vehicles must give the right-of-way to pedestrians when they cross the road at any crosswalk. This applies to both marked & unmarked crosswalks at intersections. But what if there is an issue with the crosswalk?

Sometimes, the driver may not be the only cause of a pedestrian accident. Crosswalk location and road design can also contribute to a pedestrian accident. Those who design and maintain public crosswalks must consider pedestrian safety. If they do not do this, & the crosswalk is unsafe, those in charge can be held responsible for a pedestrian accident.

Potential defendants in crosswalk location negligence may include, but are not limited to, engineering firms and governmental agencies. If you were hurt while crossing the street, a pedestrian accident lawyer at our firm can help you find out who is to blame.

Statistics on Pedestrian Accidents in the U.S.

Nationwide, pedestrian fatalities have fluctuated, with fewer accidents in 2024. Estimates suggest more than 7,000 people were killed in pedestrian accidents. Most accidents happen when a person crosses a specific place, like a crosswalk, while walking, jogging, or playing.

A pedestrian dies in a traffic accident in the U.S. every 72 minutes according to the National Highway Traffic Safety Administration.

What Injuries Do Pedestrians Suffer in Car Accidents?

Pedestrian accidents can be very serious. The human body cannot handle the damage from a crash with a car. The impact of being hit with thousands of pounds of metal can cause serious injuries, including:

• Deep cuts (lacerations) & bruises (contusions), including damage to major organs
• Head injuries, including concussions and more severe traumatic brain injuries (TBIs)
• Dental, jaw, or facial injuries, which may include eye injuries & loss of vision
• Spinal cord injuries, including paralysis or other loss of function
• Orthopedic injuries, including broken bones or damage to other parts of the musculoskeletal system
• Internal bleeding
• Vertebrae, neck, & shoulder injuries

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Frequently Asked Questions

Do pedestrians always have the right of way?

No. Drivers must yield to pedestrians in marked and unmarked crosswalks at intersections. When crossing mid-block, pedestrians must yield to vehicles. If either side acts carelessly, e.g., stepping suddenly into traffic or speeding, the fault can be shared, and any award is reduced by the fault share.

Who pays for medical bills after a pedestrian accident?

Your auto insurance policy provides first-party medical benefits (minimum $5,000) regardless of fault, per Pennsylvania law (75 Pa.C.S. § 1713).

What happens if you are found partially (or entirely) at fault for the accident?

Pennsylvania follows a 51% modified comparative negligence rule. You can recover damages if you are not more than 50% at fault; damages are reduced by your fault percentage. In states with contributory negligence laws, a pedestrian can lose their right to recover damages. This happens if they are found to be even partly at fault for the accident.

What if I don’t own a car? Do I still have medical coverage?

Yes, first-party benefits may still apply through another policy in the priority (e.g., a household policy or a policy on a vehicle involved). If none applies, we look to the at-fault driver and UM/UIM.

Hit-and-run: how do I get my bills paid?

Report the crash fast, get treated, and make a UM claim under your policy; first-party medical benefits still pay first.

What if a hit and run driver hit me?

If a hit and run driver injured you, you may still be able to recover compensation. Your lawyer can help you explore options such as filing a claim with your own insurance company. We can also assist in locating the at-fault driver even if they fled the scene.

How long do I have to file a pedestrian accident claim?

You have two years from the date of injury to file an injury lawsuit, with a 6-month notice requirement if involving a government unit (42 Pa.C.S. §§ 5524, 5522).

Can a pedestrian be sued for causing an accident?

If a pedestrian is negligent & causes an accident, they can be held liable for the damages caused. However, proving a pedestrian caused an accident can be challenging, so you must contact a personal injury lawyer immediately.

Is a lawyer necessary for minor pedestrian accidents?

Even minor accidents can have long-term implications. A lawyer ensures you receive fair compensation for all current & future impacts.

Contact the Pedestrian Accident Lawyers at Munley Law

For 65 years, the pedestrian accident lawyers at Munley Law have represented pedestrian accident victims & their families. We understand your concerns and are ready to represent you and your family. Our award-winning team of pedestrian accident attorneys won’t rest until injury victims get the justice they deserve.

When you hire Munley Law, we will send investigators to the scene of your accident to examine the location & preserve evidence. We use top engineering and accident reconstruction experts to build a winning pedestrian accident case for you.

Take the first step in hiring a pedestrian accident lawyer at Munley Law. If you or someone you love were hit by a car or other motor vehicle, contact us for a free consultation. We do not collect a fee unless we win your pedestrian accident case.

Reviewed by Bernadine Munley, Esq., Personal Injury Attorney at Munley Law, on August 21, 2025.