A pedestrian injured in a Pennsylvania car crash may have several other sources of compensation. First-party benefits may help cover medical expenses regardless of fault, while a claim against the at-fault driver may provide compensation for other losses.
The insurance that may be available after a pedestrian crash depends on what auto coverage the pedestrian has, what household coverage is available, as well as the type of vehicle involved and whether that driver was even insured. A qualified attorney can help you to understand how Pennsylvania’s fault rules work in your situation, as well as what coverage may be available.
What Compensation Can a Pedestrian Recover After a Car Crash in Pennsylvania?
In a crash involving a pedestrian, compensation could cover the following:
- Medical costs: These bills include urgent care, medication, confinement, physical therapy, and other medical needs connected to the incident.
- Lost income and earning capacity: A claim could cover paychecks missed during recovery. It can also cover future lost earnings if the injury affects the pedestrian’s ability to work long-term.
- Pain and suffering: This includes physical pain, emotional distress, and the loss of activities the pedestrian used to enjoy.
- Damages after a fatal accident: If the incident led to the pedestrian’s death, their family could pursue a claim to recover funeral costs, lost companionship, and lost financial support.
The money used to cover these damages usually comes from personal injury protection (PIP) and liability insurance.
How Does PIP Coverage Work for a Pedestrian Injured by a Car?
In Pennsylvania, the law requires all drivers to have auto insurance with at least $5,000 in PIP medical benefits. If the pedestrian owns a car and has their own coverage, that could take effect first.
If the pedestrian does not have a car or auto insurance, first-party benefits will apply. This is a no-fault approach provided by state law that covers medical bills and other costs automatically following a certain order.
- Their household member’s auto insurance: A parent’s or relative’s auto insurance is next in line, which usually happens if the incident involved a teenager.
- The involved vehicle’s insurance: If the pedestrian has no auto policy and no household coverage, PIP benefits from the insurance on the vehicle that hit them become the next option.
- The Pennsylvania Assigned Claims Plan: This is a fund that could offer limited benefits to help pay for damages with varying eligibility standards based on the circumstances.
Auto insurance policies may have higher limits than what the law asks for, but that might not be enough to cover all damages from the crash.
What Happens If PIP Coverage Runs Out?
Most serious injuries caused by a crash could easily use up PIP benefits. When that happens, health insurance may help cover any remaining balance on medical bills.
The state’s anti-subrogation law keeps health insurers from asking for repayment on liens. However, it does not cover certain plans, such as Medicare, Medicaid, and self-funded employer plans governed by federal law.
For non-medical damages, the involved driver’s liability insurance can pay for these. The state’s minimum for this coverage is $15,000 per person and $30,000 per incident. Most insurers offer higher amounts, so understanding who is liable could open doors for recovering compensation.
Who Is at Fault When a Driver Hits a Pedestrian?
The driver is usually at fault if their car hits a pedestrian because the law requires them to yield. However, that would not make the pedestrian free from responsibility. Division of fault will depend on how each party acted, considering right-of-way and traffic rules.
Right-of-Way Rules That Protect Pedestrians
Drivers in Pennsylvania must give way to pedestrians under 75 Pa.C.S. § 3542. This law covers marked crosswalks and unmarked crosswalks at intersections. However, certain pedestrian behavior could be unreasonable, such as darting into the street without care or violating the state’s pedestrian safety guidelines.
How Traffic Violations Point to Fault
If the driver commits a traffic violation leading to the accident, it could be convincing evidence of negligence. Speeding, running a red light, and other offenses should be part of the pedestrian’s claim.
How Shared Fault Affects Your Recovery
Pennsylvania follows comparative negligence rules, meaning the pedestrian’s compensation could decrease as their share of fault increases. They may have a valid claim unless their share of fault is more than 50%. If it goes beyond that limit, filing a claim could become impossible.
These implications may be why negligence significantly impacts a case. It all depends on whether the parties acted reasonably during the situation. But sometimes, there is no way to reach or identify the involved driver because they ran from the scene after the crash.
Pedestrians May Still Have a Claim if the Driver Who Hit Them Fled the Scene
A pedestrian hit by a car that fled the scene could still recover compensation, but it could happen through a hit-and-run claim. In these scenarios, their uninsured motorist (UM) coverage can pay for damages when there is no way to identify the driver.
The benefits may come from the pedestrian’s policy if they have auto insurance. If not, their household’s coverage would be the next option. Most families with vehicles should have UM in their auto insurance. Insurers need to offer it by law, but policyholders can decline through a written rejection.
A thorough review of the existing policy could reveal if it includes UM and other types of coverage to help pay for damages. Still, the process may involve specific requirements and deadlines because it is a hit-and-run crash in Pennsylvania.
Pennsylvania’s Statute of Limitations for Pedestrian Accident Claims
In Pennsylvania, injured pedestrians have two years from the crash date to initiate a lawsuit. If the incident was fatal, the surviving family members also have two years from the date of death.
These would not impact any settlement negotiations with insurers, which often follow separate timelines. However, the right to sue could end when these deadlines pass, so waiting too long could be a problem.
Why Waiting Weakens a Claim
Taking too long to file a claim could also impact the lawsuit itself. Most pieces of evidence fade over time. If the case relies on security footage, the businesses and property owners who have them might delete them without warning. Information could also disappear when the involved vehicle or road gets repaired.
Taking action as soon as possible could help keep the claim valid, especially if other deadlines might also apply based on the situation.
When Different Deadlines Apply
Pedestrian crashes that involve a city bus, municipal truck, or public utility vehicle may follow a shorter deadline. The general rule for government claims is to provide a written notice to the involved agency within six months after the incident. If the vehicle hits a child, the countdown to the two-year deadline only begins when they turn 18 years old.
How Schmidt Kramer Injury Lawyers Builds a Pedestrian Accident Claim
We leave no stone unturned when we work on pedestrian accident claims. Proving the crash and supporting the claim can take a lot of work, often involving the following:
- Securing evidence: Our team obtains police reports, photos of the scene, security footage, witness accounts, and other documentation soon after the incident.
- Determining viable sources of payment: Our attorneys can help pinpoint what coverages and policies may offer benefits to help cover all damages.
- Communicating with insurers: Insurance adjusters could be relentless, so we deal with them instead.
- Making requests on the pedestrian’s behalf: We represent pedestrians in any way possible to help them focus on healing.
These cases could rely on the details: the pedestrian’s location, traffic signals, the involved vehicle’s speed, and other elements that came into play before the accident. Our team has the experience to organize records, communications, statements, reports, and bring in reconstruction professionals for a case. We exhaust all means to keep facts straight every step of the way.
Frequently Asked Questions
Can I still recover compensation if I was partly at fault as a pedestrian?
Yes. Pedestrians who are partially at fault could still file a claim, depending on how liable they are. Insurers could reach out and convince them not to take their own legal action. Despite these efforts, the involved pedestrian may choose to proceed with a lawsuit.
Does it matter if I wasn’t in a crosswalk when I was hit?
Crossing outside a crosswalk could affect the legal process but won’t make a claim invalid. Pedestrians have the right of way at marked crosswalks and at unmarked crosswalks within intersections. Outside those areas, pedestrians should be careful and yield to vehicles, but a driver’s negligence may still affect the division of fault.
What if the driver was uninsured or underinsured?
Pedestrians can turn to uninsured motorist (UM) or underinsured motorist (UIM) if the involved driver has no or insufficient insurance coverage. UM applies when the driver has no insurance at all, while UIM kicks in if their policy benefits were not enough to pay for damages. Stacking or combining policy limits is possible depending on the terms in the policy.
Can a pedestrian’s family file a claim if the crash was fatal?
Yes. Family members can take legal action in a wrongful death claim and a survival action. The claim compensates for the family’s losses, while the survival action recovers what the deceased pedestrian would have claimed. Our page on wrongful death lawsuits explains further, including who can file and more.
Do I need a lawyer if the insurance company already offered me a settlement?
Accepting a settlement is not a requirement, but it is possible to review and consider the offer. This process usually includes signing a release, which may prevent you from filing a lawsuit in the future.
These offers typically come through early before doctors have fully assessed the extent of the injury. Speaking to an attorney could be helpful before accepting or signing anything because reversing a release might be impossible when injury-related complications show up months or years after the crash.
Hurt While Walking? Talk With Our Harrisburg Pedestrian Accident Lawyers
Pedestrians inherently have a much higher risk of suffering severe injuries or fatal injuries in a crash. These incidents could lead to medical issues, financial strain, loss of independence, and significant impact to overall quality of care.
At Schmidt Kramer, we have highly qualified staff and decades of proven success. When you call, we will listen to what happened, answer any questions you may have, and help you understand your potential legal options. Your initial consultation is completely free, and when we represent you, there are no upfront fees to pay. We only get paid for our services when we secure compensation for you.
Injured as a Pedestrian? Call Schmidt Kramer Injury Lawyers (717) 888-8888