
Author: John Mattiacci | Owner Mattiacci Law
Published March 25, 2026
Table of Contents
ToggleThe moments after being hit by a car are a blur of chaos and confusion. If you've been struck by a vehicle in a Pennsylvania crosswalk, your first instinct might be to jump up, but the most important thing you can do is focus on your safety and health.
Your Immediate Priorities After Being Hit in a Crosswalk
First things first: call 911. Do it immediately. This single action gets police and paramedics heading your way, and it’s non-negotiable, even if you think you’re okay. Adrenaline is a powerful chemical, and it can easily mask serious injuries right after a crash.
If you can move without pain, get to the nearest sidewalk to get out of the way of traffic. If you're seriously hurt or can't get up, stay put until help arrives. Trying to move could make a bad injury—especially to your head, neck, or back—much worse.
Why You Must Call 911 and Get Medical Care
Calling 911 is critical for two reasons. It brings medical professionals to assess your injuries and it starts the official police report. I’ve seen it a hundred times: a pedestrian says they feel "fine" and waves off the ambulance, only to be in excruciating pain a few hours later when the adrenaline wears off.
Don't make that mistake. Aches and pains that show up later are often signs of hidden injuries, such as:
- Internal bleeding
- Soft tissue damage like sprains or whiplash
- Concussions or other traumatic brain injuries (TBIs)
- Hairline fractures that aren't immediately obvious
Let the paramedics check you out on the scene. Their initial evaluation is a clean, unbiased record of your condition right after the impact. For an insurance company, that medical record is powerful proof that links your injuries directly to the accident.
The game plan is simple: stay safe, call for help, and get medical attention.

Following these steps protects your health and your ability to file a claim later on.
The Importance of a Police Report
An official police report is the bedrock of your personal injury claim. When officers show up, they document everything—the positions of the vehicles, statements from the driver and any witnesses, and their own observations about what happened.
These incidents are more common than people think. The latest state data shows 110,765 total traffic crashes in Pennsylvania in a single year. PennDOT has even pointed to intersections as a huge problem spot. One district alone had 103 pedestrian-involved crashes that led to 93 injuries and 11 tragic deaths.
You can review more details about these state-wide accident statistics yourself. The numbers show why getting an official report is so crucial. It provides an authoritative account of an event that happens all too often on our roads.
How to Document the Scene Like a Pro

After you've been hit by a car, the clock starts ticking. Evidence doesn't stick around for long—cars get moved, witnesses wander off, and even the clearest memories start to get fuzzy. If you’re physically able to, that smartphone in your pocket makes you the most important investigator for your own case.
Your photos and videos create a permanent, undeniable record of what things looked like right after the crash. They capture details that are absolutely essential for proving what happened. Don't worry about being a professional photographer. Just capture everything you can. This evidence can become the foundation of your entire personal injury claim.
Your Photographic Evidence Checklist
Think of it like this: start wide, then zoom in. Get some big-picture shots of the whole intersection first. This shows the layout, the weather, and what the traffic signals were doing. Then, start zeroing in on the details. Your goal is to tell a story with pictures, leaving no doubt about where and how you were hit.
Here are the most critical shots you need to get:
- The Car's Final Position: Where did the car actually stop? Is it sitting right in the middle of the crosswalk? Did it blow past it completely? Get photos of its exact location before it's moved.
- Damage to the Vehicle: Snap pictures of any dents, scratches, or a cracked windshield on the car, focusing on the front end. This helps establish the point of impact.
- The Crosswalk and Signs: Get clear pictures of the painted crosswalk lines. Also, capture any nearby traffic signs, like "Stop" signs or those "Yield to Pedestrians" signs that drivers so often ignore.
- Skid Marks: Look for any tire marks on the pavement and photograph them. Their length can help an expert calculate how fast the driver was going before they slammed on the brakes.
- Your Injuries: This might feel strange, but take clear, well-lit photos of any cuts, bruises, scrapes, or torn and bloody clothing. These images are powerful proof of the harm you suffered.
- The License Plate: This one is absolutely non-negotiable. Get a clear, readable photo of the driver's license plate. No excuses.
A Pro Tip From Experience: Don't just take one picture of each thing. Take a bunch from different angles and distances. A close-up of a dent is good, but a wider shot showing that dent in relation to the crosswalk is even better. It’s all about context.
For more in-depth advice on gathering proof, our guide on how to document evidence after a car accident breaks down the process even further.
To make it even easier, here's a quick checklist of the evidence you should try to collect at the scene.
Evidence Checklist for a Pedestrian Accident Scene
| Evidence Type | What to Capture | Why It Is Crucial |
|---|---|---|
| Driver Information | Name, phone, license number, insurance card | Identifies the at-fault party and their insurer. |
| Vehicle Photos | License plate, damage, position at rest | Connects the vehicle to the incident and shows impact. |
| Scene Photos | Crosswalk, traffic signs, weather, skid marks | Establishes the environment and potential driver negligence. |
| Injury Photos | Visible cuts, bruises, torn clothing | Provides immediate proof of the physical harm you suffered. |
| Witness Information | Name and phone number | Offers an unbiased account to support your version of events. |
This table is your quick-reference guide for a chaotic moment. Trying to remember even a few of these items can make a huge difference for your case later on.
Gathering Information from People
Photos are only half the battle. The information you get from the people involved is just as important. While you're waiting for the police to show up, you need to exchange key details with the driver. The key is to stay calm and all-business. Don't apologize for anything, and don't get into a fight about who was at fault.
Make sure you get this information from the driver:
- Full Name and Contact Info: Get their full legal name and a phone number you can actually reach them at.
- Driver's License: Ask to see their license. Better yet, just take a clear photo of the front and back.
- Insurance Information: You need the name of their insurance company and the policy number. The easiest way is to snap a picture of their insurance card.
Don't forget about witnesses. A bystander who saw the whole thing happen is a massive asset. Their unbiased story can completely shut down any arguments the driver’s insurance company tries to make. If anyone stops to ask if you're okay, ask them point-blank: "Did you see what happened? Can I please get your name and number?" That’s all it takes.
Understanding Your Rights Under PA Crosswalk Laws
If you were hit by a car in a crosswalk, you need to know one thing: Pennsylvania law is on your side. The rules can seem confusing, but they’re designed to protect pedestrians. Knowing your rights is the best way to push back when an insurance adjuster tries to blame you for what happened.
Pennsylvania law is crystal clear on this. Drivers must yield the right-of-way to anyone crossing in a marked crosswalk. This protection also extends to unmarked crosswalks at intersections—that natural path from one street corner to the other. A driver is legally required to slow down or stop to let you cross safely. It’s not optional.
The Driver's Duty of Care
A driver’s job doesn’t stop at the white lines on the road. They have a legal responsibility called "due care" to avoid hitting pedestrians at all times. This means they need to be alert, scanning the road, and ready to react to whatever is in front of them.
This duty is incredibly strong. So strong, in fact, that a driver can be found at fault even if you weren't following the rules perfectly. For example, a driver’s green light doesn't give them a free pass to speed through an intersection without looking for people who might still be in the crosswalk.
Even with these strict laws, violations happen constantly. That’s why police departments across the state often run targeted enforcement campaigns. For instance, during spring 2026 initiatives, Pennsylvania police ran roving patrols specifically to crack down on drivers who fail to yield to pedestrians. You can read more about these state enforcement efforts for pedestrian safety on PA.gov. These programs show just how serious the problem is.
What Is Modified Comparative Negligence?
Now, even with strong laws protecting you, the insurance company will almost always try to pin some of the blame on you. Maybe they'll claim you were looking at your phone or stepped out too suddenly. This is where a critical Pennsylvania legal rule called modified comparative negligence comes into play.
Here's what you need to know: this rule allows you to get financial compensation even if you were partially at fault for the accident. The catch is that your share of the blame must be 50% or less.
Let's see how this plays out in a real case. Imagine a jury decides your total damages are $100,000, but they believe you were 20% at fault. Your award would be reduced by that 20%, and you'd receive $80,000. But if the jury finds you were 51% or more at fault, you get nothing. Zero.
Insurance adjusters are experts on this rule. They will grab onto any tiny detail to push your percentage of fault up and either slash your compensation or deny your claim completely.
Common Tactics to Blame the Pedestrian
An adjuster’s goal is to minimize their company's payout, and they have a playbook for it. They'll ask questions designed to make you admit to actions that could shift the blame onto you.
Get ready for them to bring up things like:
- Jaywalking: Crossing the street mid-block instead of at a corner or marked crosswalk.
- Ignoring Signals: Stepping into the road while the "Don't Walk" sign was flashing.
- Being Distracted: Looking at your phone, listening to music, or not paying full attention.
- Sudden Movement: Stepping off the curb without warning, giving the driver "no time to react."
This is their job. They will look for any excuse to argue that you caused the accident. It’s exactly why you should never give a recorded statement to the other driver's insurance company without talking to an attorney first. Your words can easily be twisted and used against you. An experienced lawyer can shield you from these tactics and build a case that proves the driver was the one at fault.
Navigating Insurance Claims and Your Compensation
After you’ve been hit by a car, dealing with insurance companies can feel like starting a whole new fight right when you should be focused on healing. Think of this as your playbook for what comes next. Knowing how Pennsylvania’s insurance system works and what kind of compensation you actually deserve is everything.
First, you need to get a handle on Pennsylvania's "choice no-fault" system. The first place you’ll turn to for paying medical bills is your own car insurance, specifically your Personal Injury Protection (PIP) coverage. It doesn’t matter who was at fault; your own policy pays first, up to your coverage limit. This is designed to get your bills paid quickly without having to wait for a long investigation into who caused the accident.
If you don’t own a car, the responsibility usually shifts to the car insurance policy of a relative you live with. If that’s not an option, then the insurance for the car that hit you is on the hook for those initial medical benefits.
The Two Sides of Your Compensation
It's so important to understand that a pedestrian accident claim has two different parts. The first part is the PIP benefits from your own policy. These are just for medical bills and maybe some lost wages, and they’re capped at a certain amount.
The second part—and this is often the much bigger piece of the puzzle—is the claim you file against the at-fault driver's insurance. This is where you go to get fully compensated for everything you’ve lost.
What You Can Actually Be Compensated For
When you bring a claim against the at-fault driver, you're not just asking for your medical bills to be paid. You're seeking compensation for the total impact the accident has had on your life. Here’s a breakdown of the different types of damages you may be entitled to.
Understanding Compensation in a PA Pedestrian Accident Claim
| Type of Damage | What It Covers | Real-World Example |
|---|---|---|
| Medical Expenses | All costs not covered by your PIP, including future surgery, physical therapy, and long-term care. | The cost of a necessary knee replacement surgery two years after the accident, plus all the required rehab. |
| Lost Income | Wages you've lost while out of work and any reduction in your future ability to earn a living. | You're a construction worker who can no longer do physical labor, so you claim the difference in pay between your old job and a new, lower-paying one. |
| Pain and Suffering | The physical pain, emotional trauma, stress, and overall loss of enjoyment of life caused by the accident. | Compensation for chronic back pain that prevents you from playing with your kids or enjoying hobbies you once loved. |
To make sure you get fairly compensated for everything, you have to be obsessive about keeping records. Every medical bill, every receipt for a cab to a doctor’s appointment, every co-pay—it all adds up. A simple receipt maker can be a huge help in keeping all this organized. This paper trail becomes hard proof of your financial losses.
The Single Biggest Mistake to Avoid
Soon after the accident, you’ll probably get a call from the other driver's insurance adjuster. They might sound friendly and concerned, but make no mistake: their job is to protect their company by paying you as little as possible. They will almost certainly ask you for a recorded statement.
Never give a recorded statement to the other driver's insurance company without talking to a lawyer first. Adjusters are experts at asking tricky, leading questions to get you to say something they can use against you. They'll ask things like, "You were in a bit of a hurry, weren't you?" or "Did you look both ways before you stepped off the curb?" Your honest, off-the-cuff answers can be twisted to make it sound like you were at fault.
A simple "I'm sorry" at the scene or telling an adjuster "I wasn't paying full attention for a second" can be twisted into an admission of fault. The adjuster will jump on this to argue you were comparatively negligent, which can slash your compensation or even get your claim denied entirely.
On that same note, do not sign any medical authorizations or settlement releases they mail you. Once you sign a release, it’s over. You give up your right to any more money, even if you find out a month later that your "sore back" is actually a herniated disc that requires surgery.
It's also smart to check your own insurance policy. We put together a guide that offers a simple explanation of uninsured/underinsured motorist coverage in PA, which can be a real lifesaver if the driver who hit you has no insurance or not enough to cover all your damages.
Ultimately, your best defense is having a professional in your corner. An experienced lawyer can take over all the calls and emails with the insurance companies, shield you from their tactics, and build a case to make sure you get compensated for everything you've been through.
Why Hiring a Pedestrian Accident Attorney Isn’t a Luxury

After getting hit by a car, you might wonder if you really need a lawyer. Let's be blunt: trying to take on an insurance company while you're recovering from serious injuries is a battle you're set up to lose. Hiring an attorney isn't some fancy extra—it's how you put a stop to the games and get a fair shot.
The second you hire a personal injury firm, everything changes. Those constant, stressful calls from the driver's insurance adjuster? They stop. All communications go straight to your lawyer. This gives you the breathing room to actually focus on what matters: getting better.
It Immediately Levels the Playing Field
Insurance adjusters have one job: protect their company's profits by paying you as little as possible. They are trained negotiators who handle hundreds of claims a year. When you have an attorney on your side, you get a powerful advocate who knows every tactic in their playbook.
This shift is a game-changer. Instead of dealing with an injured, overwhelmed victim, the adjuster is now up against a legal professional who understands Pennsylvania law and is ready to fight. That alone forces them to take your claim more seriously.
Your lawyer acts as a shield, handling the paperwork, deadlines, and aggressive questions so you can heal. For anyone new to this, learning how to choose a personal injury attorney is the first critical step toward getting the right person in your corner.
We Build Your Case with Our Own Investigation
The police report is a good start, but it's rarely the whole story. A real personal injury firm will launch its own, much deeper investigation into the accident. This is where we start building a rock-solid case.
Our legal team can send investigators back to the scene to find evidence the police might have missed. We also bring in highly specialized experts to break down the facts and prove the driver was negligent.
These experts can include:
- Accident Reconstructionists: These pros use physics and engineering to recreate the crash. They analyze things like skid marks and vehicle damage to figure out the driver's speed and reaction time, which are key to proving fault.
- Medical Experts: We have doctors and specialists review your medical records to draw a clear, undeniable line between the accident and the full scope of your injuries, including any care you'll need down the road.
- Economic Experts: These experts calculate the full financial damage. They look beyond just your current lost paychecks to determine your diminished future earning capacity if your injuries keep you from returning to your old job.
The ability to hire and use these experts is something an individual just can't do alone. This is often where we find the "smoking gun" that turns a disputed claim into an undeniable case of driver negligence.
Forcing a Fair Settlement by Being Ready for Trial
Here’s the biggest advantage: hiring a law firm that actually goes to trial sends a powerful message. Insurance companies treat firms known for their courtroom readiness completely differently than those that just look for quick, cheap settlements.
Insurers are all about managing risk. They know a jury trial is expensive and unpredictable. When your lawyer prepares every case from day one like it’s going to court, the insurance company's math changes. Suddenly, they're far more motivated to offer a fair settlement to avoid getting hit with a huge jury verdict.
This isn't just a threat; it's a proven strategy. It ensures that when we negotiate, we're talking about the full, potential value of your claim—not the lowball number the adjuster wants to pay. Ultimately, understanding the benefits of hiring a personal injury lawyer is the first step toward getting the resources you need to put your life back together.
Common Questions After a Pennsylvania Pedestrian Accident
Once the shock of being hit by a car starts to fade, the questions come rushing in. The path forward can feel overwhelming and confusing. Getting straight, honest answers is the first and most important step you can take to protect yourself.
Here are the most common questions we hear from pedestrians injured in Pennsylvania, along with the no-nonsense answers you need.
How Long Do I Have to File a Lawsuit in PA?
In Pennsylvania, the deadline for filing a lawsuit is set by a law called the statute of limitations. For almost all personal injury claims, including being hit by a car as a pedestrian, you have just two years from the date of the accident to file.
Two years might sound like a long time, but in the legal world, it can disappear in a flash. Building a strong case means gathering medical records, interviewing witnesses, tracking down evidence, and dealing with insurance companies—all of which takes time.
If you miss that two-year deadline, you lose your right to seek compensation forever. The court will dismiss your case, no matter how serious your injuries are. There are almost no exceptions.
It's critical to talk to an attorney well before this deadline gets close to make sure your rights are protected.
What If a Hit-and-Run Driver or Uninsured Motorist Hit Me?
It’s a terrifying thought, but you aren’t out of options. If the driver who hit you took off or was driving without insurance, you can often turn to your own car insurance policy for help.
This is exactly why Uninsured/Underinsured Motorist (UM/UIM) coverage exists. It’s a part of your own policy that’s designed to cover your damages in these specific scenarios, including:
- Medical bills that go beyond what your PIP coverage pays
- Lost wages from being unable to work
- Pain and suffering
If you don’t have car insurance, you might still be covered under the policy of a family member you live with. Navigating a UM/UIM claim can get tricky, though, because you’re essentially fighting your own insurance company for a fair payout. Having a lawyer manage this process is key to making sure you’re treated fairly.
Should I Accept a Quick Settlement Offer from Insurance?
Never. This is one of the most common—and most expensive—mistakes an injury victim can make. Soon after the accident, you’ll likely get a call from the at-fault driver’s insurance adjuster. They’ll sound friendly and offer you a quick check to "help you out."
It’s a tactic.
These first offers are always lowball numbers. They are designed to close your case as quickly and cheaply as possible, long before you know the true extent of your injuries. What feels like a sore back today could turn into a herniated disc needing future surgery. If you’ve already signed that settlement check, it’s too late. The case is closed for good.
Always speak with an experienced personal injury attorney to figure out your claim's real value before you even think about accepting an offer.
Can I Still Have a Case If I Was Partially at Fault?
Yes, you almost certainly can. Pennsylvania follows a rule known as “modified comparative negligence.” This is just a legal way of saying that accidents are complicated, and fault isn't always 100% on one person.
Under this rule, you can still recover money as long as you are found to be 50% or less responsible for what happened. Your final compensation is just reduced by your percentage of fault. For example, if you have $200,000 in damages but are found 10% at fault for looking at your phone while crossing, your award would be reduced by $20,000. You’d receive $180,000.
Be warned: insurance adjusters will use anything they can to blame you and drive up your percentage of fault. They know it saves them money. This is exactly why you need a lawyer to fight back against unfair accusations and protect your right to full compensation.
When you’ve been hit by a car in a crosswalk in Pennsylvania, you need a law firm that prepares every case for trial. At Mattiacci Law, we conduct in-depth investigations and work with top experts to build a powerful case for the full compensation you deserve. For a free, no-obligation consultation to discuss your rights, visit us at https://jminjurylawyer.com.