Pennsylvania Pedestrian Accident Laws, Lawsuits, Claims and Settlements

Are you looking to learn more about Pedestrian Accident Laws in Pennsylvania but not sure where to start?

In this guide will explain to you everything you need to know about Pennsylvania Pedestrian Accident Laws from A-Z.

Don't have time to read the entire guide now?

Fill out the form for a downloadable PDF version of the guide you can reference later.

Chapter 1:

What Are Pennsylvania’s Pedestrian Laws?

Pedestrians in Pennsylvania must obey traffic signals, use crosswalks where available, and yield to vehicles when crossing outside of intersections. Drivers must yield to pedestrians in both marked and unmarked crosswalks.

Overview of Pedestrian Laws in Pennsylvania

Pennsylvania pedestrian laws are designed to protect walkers while also setting clear rules for how and where they may cross roadways. These laws, found in Title 75 of the Pennsylvania Vehicle Code, define when a pedestrian has the right-of-way, when a driver must yield, and how both parties can be held responsible after an accident.

Understanding these laws is essential for both safety and for determining legal liability in a pedestrian accident case.

Pedestrian Rights and Responsibilities

Right-of-Way in Crosswalks

Pedestrians have the right-of-way in both marked and unmarked crosswalks at intersections. Drivers must slow down and yield when a pedestrian is already in the crosswalk or is about to enter it.

Following Traffic Signals

Pedestrians must obey all traffic control devices, including “Walk/Don’t Walk” signals, stop signs, and red lights. Entering a roadway against a red signal is a violation, even if cars appear to be stopped.

Crossing Outside of Crosswalks

When there is no intersection or crosswalk nearby, pedestrians must yield to oncoming vehicles. Drivers are not required to stop in these scenarios, so the burden of caution falls on the pedestrian.

Avoiding Sudden Entry

Pedestrians are prohibited from suddenly stepping into traffic from a curb or between parked cars when it would be impossible for an approaching driver to stop safely.

Situations Where Pedestrians Do Not Have the Right-of-Way

  1. Crossing mid-block without a crosswalk: Pedestrians must yield to traffic when not using a marked or unmarked crosswalk at an intersection.
  2. Crossing against a red pedestrian signal: Crossing the street during a “Don’t Walk” signal is not only dangerous but also against the law.
  3. Emerging from between parked vehicles: Stepping into the roadway between parked cars without visibility is a traffic violation.
  4. Crossing where prohibited: Some roads may have signage explicitly banning pedestrian crossings. These restrictions must be obeyed.
Infographic showing Situations Where Pedestrians Do Not Have the Right-of-Way

Safety Tips for Pedestrians in Pennsylvania

  • Be Seen: Always try to make eye contact with drivers before crossing.
  • Stay Visible: Wear light or reflective clothing in low-light conditions.
  • Use Sidewalks: Stay on sidewalks whenever possible. If none are available, walk facing traffic and as far to the left as possible.
  • Avoid Distractions: Avoid texting, talking on the phone, or wearing headphones when crossing the street.

Important Pennsylvania Pedestrian Statutes

Here are some of the most relevant sections of the Pennsylvania Vehicle Code regarding pedestrian rules:

  • § 3541 – Pedestrian obedience to traffic-control devices
  • § 3542 – Right-of-way of pedestrians in crosswalks
  • § 3543 – Pedestrians crossing outside crosswalks
  • § 3544 – Pedestrians walking along highways
  • § 3547 – Prohibited crossing between adjacent intersections

You can find the complete list of pedestrian-related traffic laws at the Pennsylvania General Assembly website.

Comparative Fault and Legal Implications

Pennsylvania applies a modified comparative negligence rule to pedestrian accidents. This means that if a pedestrian is more than 50% responsible for the accident, they are barred from receiving any compensation. If the pedestrian is 50% or less at fault, their compensation will be reduced by their percentage of fault.

For example, if a pedestrian receives a $100,000 award but is found 30% at fault for not using a crosswalk, they would only recover $70,000.

Chapter Takeaway

Both drivers and pedestrians have legal obligations that must be followed under Pennsylvania law. Pedestrians must use crosswalks, follow traffic signals, and exercise caution. At the same time, drivers must yield the right-of-way where required and always remain alert for foot traffic.

Understanding these rules is the foundation for proving liability in a pedestrian accident claim and plays a critical role in securing fair compensation.

Chapter 2:

Who Is Liable in a Pedestrian Accident in Pennsylvania?

In a Pennsylvania pedestrian accident, either the driver or the pedestrian—or both—can be held liable, depending on who was more at fault. Under the state’s modified comparative negligence rule, pedestrians can recover damages if they are less than 51% at fault.

Determining Liability in Pedestrian Accidents

Establishing liability in a Pennsylvania pedestrian accident depends on who breached their legal duty of care. Both pedestrians and drivers are required to act responsibly to avoid causing harm.

Driver Negligence

Drivers are often found liable when they fail to observe pedestrian right-of-way rules or traffic laws. Common causes of driver liability include:

  • Speeding or aggressive driving
  • Failure to yield at crosswalks
  • Distracted driving (e.g., texting)
  • Driving under the influence
  • Failing to observe school zone or residential speed limits

Drivers are required to yield to pedestrians at marked and unmarked crosswalks, particularly at intersections. Ignoring this rule is one of the most common factors in pedestrian accident claims.

Pedestrian Negligence

While pedestrians have important rights, they also have responsibilities. If a pedestrian violates traffic laws, they may share or bear full responsibility for the collision. Examples of pedestrian negligence include:

  • Jaywalking or crossing mid-block
  • Ignoring “Do Not Walk” signals
  • Crossing on highways or restricted access roads
  • Emerging suddenly into traffic from between parked cars
  • Walking while distracted (e.g., using a phone or headphones)

In such cases, pedestrians may still be able to recover compensation, but it will depend on their percentage of fault.

Shared Fault

Liability is often shared. For example, a distracted driver may hit a jaywalking pedestrian. In this situation, both parties may have contributed to the crash, which affects the final compensation amount.

Pennsylvania’s Modified Comparative Negligence Rule

Pennsylvania follows the modified comparative negligence rule under 42 Pa. C.S. § 7102. This means:

  • Pedestrians can still recover damages if they are less than 51% at fault.
  • Their compensation will be reduced in proportion to their percentage of fault.
  • If the pedestrian is 51% or more at fault, they are barred from recovery.

For example, if a jury determines that a pedestrian is 30% responsible for jaywalking and the total damages amount to $100,000, the pedestrian would be awarded $70,000.

This rule significantly impacts how personal injury attorneys approach liability and settlement negotiations.

Key Factors That Influence Liability

Several types of evidence can be used to establish who is liable:

  • Police Reports: Often the first official account of the accident.
  • Traffic or Surveillance Camera Footage: Can clarify positioning and behavior of each party.
  • Eyewitness Testimony: Neutral third-party accounts are powerful.
  • 911 Call Recordings: May include spontaneous admissions or time-stamped details.
  • Vehicle Damage and Skid Marks: Help reconstruct how fast the car was moving and whether braking occurred.

Additionally, both parties’ legal duty of care is considered. Drivers must operate their vehicles responsibly, and pedestrians must obey traffic signals and remain alert.

Legal and Strategic Next Steps After an Accident

Seek Legal Counsel Immediately

An experienced pedestrian accident attorney can help you determine who was at fault, file claims, and negotiate with insurance companies.

Document Everything

Keep detailed records of all medical visits, treatments, bills, and receipts. Also document any lost wages, out-of-pocket costs, or other financial harms.

Avoid Recorded Statements

Insurance companies often request recorded statements that can later be used to dispute your claim. Politely decline until you’ve spoken with an attorney.

Chapter 3:

What Are the Most Common Causes of Pedestrian Accidents in Pennsylvania?

The most common causes of pedestrian accidents in Pennsylvania include driver negligence (e.g., speeding or distracted driving), pedestrian violations (e.g., jaywalking or disobeying signals), poor visibility, and failure to yield at crosswalks.

Driver-Related Causes of Pedestrian Accidents

Most pedestrian injuries occur due to unsafe driving behavior. The following driver actions are leading contributors:

Distracted Driving

Drivers using cell phones, GPS, or in-vehicle entertainment systems may fail to see pedestrians. Even a momentary lapse in attention can cause devastating harm.

Speeding

Driving at excessive speeds reduces reaction time and increases the severity of impact. Speeding in school zones, residential areas, or near intersections is especially dangerous for pedestrians.

Failure to Yield at Crosswalks

Under Pennsylvania law, drivers must yield to pedestrians in both marked and unmarked crosswalks at intersections. Many accidents happen because motorists do not honor this right-of-way.

Driving Under the Influence

Drugs and alcohol impair judgment and motor skills, significantly raising the risk of pedestrian collisions. Impaired drivers are less likely to notice or respond appropriately to people crossing the street.

Rolling Stops and Illegal Turns

Making a rolling stop at a stop sign or turning right on red without looking for pedestrians is a common and deadly behavior, especially in urban environments.

Pedestrian-Related Causes of Accidents

While drivers bear much of the responsibility, pedestrians can also contribute to accidents by violating their duties under state law.

Jaywalking or Crossing Mid-Block

Pedestrians are required to cross at intersections or marked crosswalks when available. Crossing in the middle of the street, especially in areas with limited visibility, increases risk.

Disregarding Walk Signals

Failing to obey traffic signals—such as crossing during a red hand or “Don’t Walk” sign—can lead to accidents, even if the pedestrian is within a crosswalk.

Sudden or Unexpected Movements

If a pedestrian suddenly enters the roadway without warning, especially from between parked cars or behind an obstruction, a driver may not have time to stop.

Walking on Highways or Restricted Roads

Pedestrians are generally prohibited from walking on certain highways, overpasses, or bridges. Violating these restrictions can lead to tragic outcomes.

Environmental and Situational Factors

Certain external conditions can increase the likelihood of pedestrian accidents, regardless of who is at fault.

Low Light or Poor Visibility

Many accidents occur at dawn, dusk, or night, especially when pedestrians wear dark clothing. Pennsylvania Department of Transportation data shows that more than 70% of pedestrian fatalities happen at night.

Bad Weather

Rain, fog, or snow can obscure visibility and cause drivers to lose control. Pedestrians also have a harder time being seen in inclement weather.

Poor Road Design

Areas with no sidewalks, inadequate lighting, or poorly marked crosswalks create hazardous conditions. Intersections without pedestrian signals are especially dangerous.

Vehicle Design

Larger vehicles such as SUVs and trucks pose a higher fatality risk in pedestrian collisions due to their mass and taller front-end design.

How a Lawyer Uses This Information

Understanding the cause of the accident is essential for determining fault and calculating damages. A pedestrian accident attorney will typically:

  • Analyze the accident report and scene photos
  • Review camera footage and witness statements
  • Investigate whether any local ordinances or state laws were violated
  • Consult accident reconstruction experts if needed

This investigative process can reveal whether one or both parties were negligent, which directly impacts liability and settlement negotiations.

What Are Pennsylvania’s Pedestrian Right-of-Way Laws?
Chapter 4:

What Are Pennsylvania’s Pedestrian Right-of-Way Laws?

In Pennsylvania, drivers must yield to pedestrians in both marked and unmarked crosswalks, while pedestrians must yield to vehicles when crossing outside of a crosswalk or against a traffic signal.

Overview of Right-of-Way Laws in Pennsylvania

Understanding who has the legal right-of-way in different traffic situations is essential for both drivers and pedestrians. Pennsylvania law outlines specific scenarios where pedestrians are protected—and where they must yield.

Marked and Unmarked Crosswalks

Pennsylvania law grants pedestrians the right-of-way in both marked and unmarked crosswalks at intersections. An unmarked crosswalk is the invisible extension of a sidewalk across the intersection, even if it is not painted.

  • Drivers must yield when a pedestrian is in or approaching a crosswalk.
  • Stopping for pedestrians is required, even if no traffic signal is present.
  • Failure to yield may result in driver liability if a collision occurs.

Mid-Block Crossings and Non-Crosswalk Areas

When pedestrians cross outside of an intersection or designated crosswalk:

  • Pedestrians must yield to all oncoming vehicles.
  • This includes mid-block crossings, parking lot entrances, or roads without crosswalks.
  • Pedestrians cannot suddenly enter the road in a way that makes it impossible for a driver to stop.

Obeying Traffic Control Devices

Pedestrians are legally required to follow all traffic control devices. This includes:

  • Walk/Don’t Walk Signals: Pedestrians may only enter a crosswalk when the “Walk” symbol is displayed.
  • Red Lights or Stop Signs: Pedestrians must not cross against a red light or stop sign even if no cars are visible.
  • Violating these signals may shift liability in the event of an accident.

Key Responsibilities for Pedestrians

Although pedestrians have certain rights, they also carry legal responsibilities to avoid accidents.

Infographic showing Key Responsibilities for Pedestrians

Be Vigilant and Avoid Sudden Movements

  • Pedestrians should never dart into traffic, even within a crosswalk.
  • Sudden movement into the path of a car may reduce or eliminate compensation due to comparative negligence.

Use Sidewalks and Stay Visible

  • Sidewalks must be used where available. If none exist, pedestrians should walk on the left side of the roadway facing traffic.
  • Wearing bright or reflective clothing at night improves visibility and enhances safety.

Avoid Distractions

  • Refrain from texting, wearing headphones, or using other electronic devices while crossing.
  • Courts and insurers may consider distracted walking as a contributing factor to fault.

When Pedestrians Do Not Have the Right-of-Way

Pedestrians must yield under the following conditions:

  • Crossing outside of a marked or unmarked crosswalk
  • Crossing during a “Don’t Walk” or red signal
  • Crossing highways or limited-access roadways where foot traffic is prohibited

In these situations, drivers are not automatically liable, even if an injury occurs.

Legal Consequences for Violations

Both drivers and pedestrians can be cited for violating right-of-way laws:

  • Drivers may face fines, license points, or increased liability in a civil lawsuit.
  • Pedestrians who ignore signals or cross unsafely may be cited and potentially held partially or fully liable for their injuries.

Practical Safety Tips for Pedestrians

Following best practices reduces risk and protects legal claims if a collision occurs.

  • Make eye contact with drivers before crossing.
  • Stay alert, especially near intersections or turning vehicles.
  • Use sidewalks and cross only at intersections or marked crosswalks.
  • Avoid distractions, and be especially cautious in low-light or high-traffic conditions.
Chapter 5:

Who Is at Fault in a Pedestrian Accident in Pennsylvania?

In a Pennsylvania pedestrian accident, either the driver, the pedestrian, or both can be found at fault. Liability depends on who acted negligently, and under Pennsylvania’s modified comparative negligence rule, a pedestrian can still recover damages if they are less than 51% at fault.

Understanding Fault in Pedestrian Accidents

Determining fault in a pedestrian accident is critical for any injury claim or lawsuit. Unlike no-fault car insurance claims, pedestrian injuries often require a liability determination to establish who pays for damages.

Driver Negligence

Drivers may be held liable if their conduct contributed to the accident. Common examples include:

  • Failing to yield at a crosswalk
  • Speeding or running red lights
  • Distracted driving (texting, eating, or using a GPS)
  • Driving under the influence of alcohol or drugs
  • Failing to observe school zones or pedestrian-heavy areas

A negligent driver who violates traffic laws or fails to exercise reasonable care can be held fully or partially responsible.

Pedestrian Negligence

Pedestrians are also held to a legal standard of care. Fault can be assigned if a pedestrian:

  • Jaywalks or crosses outside a marked or legal crosswalk
  • Ignores traffic control devices, such as “Don’t Walk” signals
  • Walks along restricted highways or roadways
  • Steps into traffic unexpectedly, not giving the driver a chance to stop

Even if injured, a pedestrian who contributes to the accident through unsafe behavior may bear some liability.

Shared Fault and Comparative Negligence

Pennsylvania follows a modified comparative negligence rule under 42 Pa. C.S. § 7102. This means:

  • A pedestrian can recover damages as long as they are less than 51% at fault.
  • If the pedestrian is 51% or more at fault, they are barred from recovering any compensation.
  • If the pedestrian is partially at fault, damages are reduced by their percentage of fault.

Example:

If a jury awards $100,000 and finds the pedestrian 20% at fault for crossing outside a crosswalk, the award is reduced to $80,000.

How Fault Is Proven

Establishing who is at fault involves gathering strong evidence. Key sources of proof include:

  • Police reports from the accident scene
  • Traffic camera or surveillance footage
  • Eyewitness testimony
  • 911 call recordings
  • Accident reconstruction experts, when necessary

The totality of the circumstances—including weather, time of day, visibility, and location—are also evaluated in determining liability.

Importance of Right-of-Way and Duty of Care

  • Drivers have a legal duty to yield to pedestrians in crosswalks and remain alert to foot traffic.
  • Pedestrians have a duty to use sidewalks, obey traffic signals, and cross safely.

Violating either duty may lead to a finding of negligence.

Common Liability Scenarios

ScenarioLikely Fault Outcome
Driver runs red light and strikes pedestrian in crosswalkDriver 100% at fault
Pedestrian jaywalks and is struck by a speeding driverShared fault
Pedestrian crosses at night without lights or reflective gearPedestrian majority fault possible
Both pedestrian and driver distracted (phone use)Shared fault, depending on facts

Legal and Insurance Implications

Liability affects not only personal injury settlements, but also insurance coverage, such as:

  • Whether the driver’s liability insurance will cover pedestrian injuries
  • Whether the pedestrian’s own auto insurance provides coverage under PIP or UM/UIM policies
  • Whether there is an opportunity to file a personal injury lawsuit against the at-fault party

Why Legal Guidance Matters

Because pedestrian accident fault is often disputed, having an experienced attorney is crucial. A pedestrian accident lawyer can:

  • Evaluate the facts and build a strong case
  • Collect the right evidence to prove negligence
  • Fight for full compensation, especially when fault is shared
Chapter 6:

What Are the Most Common Causes of Pedestrian Accidents in Pennsylvania?

The most common causes of pedestrian accidents in Pennsylvania include distracted driving, speeding, failure to yield at crosswalks, impaired driving, and pedestrian violations like jaywalking or ignoring traffic signals. Both driver and pedestrian behavior contribute to accident risk.

Driver-Related Causes

Most pedestrian accidents stem from driver negligence. Common driver behaviors that lead to collisions include:

Distracted Driving

Using a phone, GPS, eating, or adjusting the radio reduces a driver’s ability to see pedestrians—especially in crosswalks or near intersections.

Speeding

Drivers who exceed the speed limit have less time to react and need longer stopping distances. Speed also increases injury severity in pedestrian accidents.

Failure to Yield

Pennsylvania law requires drivers to yield to pedestrians in marked or unmarked crosswalks at intersections. Many collisions occur when drivers fail to stop or yield appropriately.

Driving Under the Influence

Drunk or drug-impaired drivers are far more likely to strike pedestrians due to impaired judgment and delayed reaction time.

Turning Without Looking

Drivers making right or left turns often focus only on oncoming traffic and neglect to look for pedestrians crossing with the signal.

Environmental and Road Design Factors

Certain roadway and environmental conditions also elevate pedestrian crash risks:

Poor Lighting

Accidents are more common at night when visibility is reduced—especially on roads with inadequate street lighting.

Lack of Sidewalks or Crosswalks

Roadways without safe walking areas force pedestrians to walk on shoulders or streets, which increases danger.

High-Speed Roads

Wide, multi-lane roads with fast traffic and few crossing signals are particularly hazardous for pedestrians.

Blind Spots at Intersections

Obstructions like parked cars or signage can block visibility, making it harder for drivers to spot crossing pedestrians.

Pedestrian-Related Causes

While many accidents result from driver error, pedestrian actions also play a role. Common risky pedestrian behaviors include:

Jaywalking

Crossing outside of legal crosswalks or intersections can surprise drivers and lead to collisions.

Ignoring Traffic Signals

Crossing during a red light or against a “Don’t Walk” signal increases accident likelihood, especially in busy urban areas.

Distraction

Pedestrians using smartphones, headphones, or other devices may fail to notice oncoming traffic or signal changes.

Impaired Walking

Walking while intoxicated or under the influence can impair judgment and coordination, leading to dangerous crossing decisions.

Darting into Traffic

Suddenly entering the street without warning gives drivers little time to react, particularly in congested areas.

Comparative Data Snapshot

CauseDriver-RelatedPedestrian-RelatedTypical Result
Distracted drivingFailure to stop or yield in time
SpeedingHigher injury severity
JaywalkingShared or pedestrian fault
Impaired drivingFull driver liability likely
Disregarding signals✅ / ❌✅ / ❌Depends on who disobeyed signal

High-Risk Zones for Pedestrian Accidents

Pedestrian crashes tend to occur in:

  • Urban intersections
  • Near schools or parks
  • Around transit stops
  • In parking lots
  • High-speed arterial roads

Cities like Philadelphia and Pittsburgh report higher pedestrian injury rates, often correlating with traffic volume and population density.

Why Identifying the Cause Matters

Determining the root cause of a pedestrian accident is essential for:

  • Proving negligence
  • Establishing liability
  • Pursuing compensation
  • Improving public safety through roadway design changes

A pedestrian accident attorney uses cause analysis to build a compelling claim, working with traffic engineers or accident reconstruction experts if needed.

What Pennsylvania Laws Protect Pedestrians?
Chapter 7:

What Pennsylvania Laws Protect Pedestrians?

Pennsylvania pedestrian laws grant pedestrians the right-of-way at marked and unmarked crosswalks and require them to follow traffic signals and signs. Drivers must yield to pedestrians in crosswalks and exercise caution to avoid collisions.

Overview of Pennsylvania Pedestrian Law

Pedestrian safety is governed by Title 75 of the Pennsylvania Vehicle Code, which outlines when drivers must yield and when pedestrians must follow traffic signals. These laws aim to balance pedestrian rights with roadway safety obligations.

Right-of-Way Laws in Pennsylvania

Crosswalks at Intersections

  • Pedestrians have the legal right-of-way at both marked and unmarked crosswalks at intersections.
  • Drivers must slow down or stop when a pedestrian is in or entering a crosswalk.
  • Failure to yield can result in civil liability and traffic violations.

Mid-Block Crossings

  • Pedestrians must yield to vehicles when crossing at a point not marked by a crosswalk or intersection.
  • Jaywalking or crossing in the middle of a block without yielding can reduce or eliminate the right to compensation in an accident.

Overtaking Stopped Vehicles

  • Drivers must not pass vehicles stopped at a crosswalk since the stopped vehicle may be yielding to a pedestrian.
  • Violating this rule increases liability in pedestrian crashes.

Obligations of Pedestrians

Following Traffic Signals

  • Pedestrians must obey walk/don’t walk signals, stop signs, and other control devices.
  • Crossing during a red light or against a signal may constitute negligence.

Prohibited Behaviors

  • Suddenly entering the roadway from between parked cars or without warning is prohibited.
  • Pedestrians may not cross highways or restricted access roads except at designated areas.

Pennsylvania’s Duty of Care Rules

For Drivers

  • Drivers must exercise reasonable care to avoid striking pedestrians, even when pedestrians violate traffic laws.
  • This includes staying alert in school zones, near playgrounds, or in residential areas.

For Pedestrians

  • Pedestrians must not obstruct traffic, must walk facing traffic if no sidewalk is available, and must avoid distractions (like phones) while crossing.

Penalties and Enforcement

  • Traffic citations can be issued for both drivers and pedestrians who violate pedestrian-related laws.
  • Fines and points on a license may apply to drivers who fail to yield.
  • Repeated violations can result in higher insurance premiums or license suspension.

Key Laws and Statutes

StatuteDescription
75 Pa. C.S. § 3542Right-of-way of pedestrians in crosswalks
75 Pa. C.S. § 3541Pedestrian obedience to traffic-control devices
75 Pa. C.S. § 3544Pedestrian duties on highways and restricted roadways
75 Pa. C.S. § 3543Crossing at other than crosswalks (jaywalking rules

Safety Tips Embedded in Law

  • Make eye contact with drivers before crossing.
  • Use sidewalks and pedestrian paths whenever available.
  • Wear visible clothing at night or during low-light conditions.
  • Avoid cell phone use or headphones when crossing roads.

Why These Laws Matter in a Legal Case

Understanding and following these laws:

  • Helps determine who was at fault in an accident.
  • Affects whether comparative negligence applies.
  • Influences settlement value and litigation outcomes.
Chapter 8:

What to Do After a Pedestrian Accident in Pennsylvania

After a pedestrian accident in Pennsylvania, seek medical attention immediately, call 911, file a police report, gather evidence, avoid giving recorded statements, and contact a pedestrian accident attorney to protect your rights and pursue compensation.

Infographic showing What to Do After a Pedestrian Accident in Pennsylvania

Step 1 – Get to Safety and Call 911

Your first priority should be getting out of harm’s way. If you can move safely, step away from traffic and onto a sidewalk or shoulder.

  • Call 911 immediately to report the accident and request medical assistance.
  • Even if injuries seem minor, emergency responders can evaluate hidden or internal injuries.
  • The police will create an official accident report, which is a critical piece of evidence for your claim.

Step 2 – Seek Medical Attention Immediately

Whether you feel pain right away or not, get checked by a doctor.

  • Many pedestrian accident injuries (like concussions or internal bleeding) may not be immediately obvious.
  • Medical records will serve as proof of your injuries and treatment timeline.
  • Delay in treatment can reduce the perceived seriousness of your injuries to insurers or juries.

Step 3 – Gather Evidence at the Scene (If You’re Able)

If you are not seriously injured and can move safely:

  • Take photos of the scene, your injuries, the vehicle involved, skid marks, and any traffic signs.
  • Ask for names and contact information from witnesses.
  • Write down your recollection of events as soon as possible before your memory fades.

Step 4 – Do Not Admit Fault or Provide Recorded Statements

Insurance adjusters may contact you quickly after the accident.

  • Do not admit fault, speculate, or apologize — even casually.
  • Avoid providing a recorded statement to the other party’s insurance company without legal guidance.
  • These statements may be used against you to reduce or deny your compensation.

Step 5 – Request a Copy of the Police Report

  • You can request the official accident report from the responding police department.
  • This report typically includes details such as:
    • The driver’s and pedestrian’s information
    • Witness accounts
    • Officer conclusions about fault
  • This document is foundational to any pedestrian injury claim in Pennsylvania.

Step 6 – Notify Your Own Insurance (If Applicable)

  • Pennsylvania is a no-fault state, so you may be able to use your own PIP (Personal Injury Protection) coverage if you have auto insurance.
  • Notify your insurance provider of the incident, but again — avoid recorded statements until you speak with a lawyer.

Step 7 – Document Everything

Keep a personal file that includes:

  • Medical records and treatment summaries
  • Hospital bills and prescription receipts
  • Lost wage documentation from your employer
  • Photos of injuries over time
  • A journal describing your pain, emotional distress, and limitations

This documentation supports your claim for economic and non-economic damages.

Step 8 – Consult a Pennsylvania Pedestrian Accident Attorney

An experienced attorney can:

  • Determine fault and explain your legal rights
  • Communicate with the insurance companies on your behalf
  • Build a case for maximum compensation, whether through settlement or trial
  • Protect you from being unfairly blamed or underpaid

Most personal injury lawyers — including Mattiacci Law — offer free consultations and work on a contingency basis (you pay nothing unless they win).

Key Reminders

  • Don’t delay seeking treatment or legal advice.
  • Be mindful of Pennsylvania’s two-year statute of limitations for personal injury claims.
  • The more thoroughly you document and preserve evidence, the stronger your case will be.
Chapter 9:

Common Injuries in Pennsylvania Pedestrian Accidents

Pedestrians struck by vehicles often suffer serious, life-altering injuries. These injuries can range from fractures and internal trauma to permanent disability, even when the vehicle is moving at relatively low speeds.

Head and Brain Injuries

Head trauma is one of the most frequent and serious outcomes in pedestrian accidents. When a pedestrian is struck by a vehicle, the head may hit the windshield, hood, or pavement, leading to potentially life-altering damage.

Types of head injuries include:

  • Concussions and mild traumatic brain injuries (TBI)
  • Skull fractures
  • Hemorrhaging or bleeding in the brain
  • Cognitive impairment and memory loss

Treatment often requires neurological care, imaging (CT/MRI scans), and extended monitoring. In some cases, lifelong cognitive rehabilitation is necessary, which can significantly increase the value of a personal injury claim.

Spinal Cord and Back Injuries

The force of a vehicle can easily knock a pedestrian to the ground, damaging the spine and back. These injuries range from soft tissue damage to life-changing paralysis.

Common back-related injuries include:

  • Herniated or bulging discs
  • Spinal fractures
  • Nerve impingement or sciatica
  • Partial or complete paralysis (in cases of spinal cord damage)

Recovery often requires physical therapy, pain management, or surgical intervention—especially if mobility is impaired. Compensation for these injuries usually includes both economic damages and long-term loss of quality of life.

Broken Bones and Fractures

Fractures are among the most immediate and visible injuries suffered by pedestrians. The impact typically affects the extremities, pelvis, or ribs.

Commonly broken bones include:

  • Legs and knees (often struck by bumpers)
  • Arms and wrists (from bracing falls)
  • Ribs and clavicles
  • Pelvis and hips

Recovery times vary depending on the severity and location. Some fractures require surgical repair or internal fixation with rods and plates, which are factored into the overall claim value.

Internal Injuries and Organ Damage

Even if there are no external signs of trauma, pedestrian accidents can cause dangerous internal injuries. The sudden blunt force can rupture organs or cause internal bleeding.

Potential internal injuries include:

  • Punctured lungs
  • Liver or kidney damage
  • Abdominal bleeding or bruising
  • Ruptured spleen

Internal injuries are life-threatening and often require emergency surgery. Prompt diagnosis through CT scans or ultrasounds is crucial.

Soft Tissue Injuries

Though often dismissed as “minor,” soft tissue injuries can significantly affect a pedestrian’s mobility, pain levels, and ability to work. These include:

  • Whiplash
  • Ligament tears (e.g., ACL/MCL)
  • Muscle strains
  • Deep tissue bruising

These injuries typically require physical therapy, pain management, and sometimes orthopedic intervention. While they may not carry the same dollar value as more visible injuries, long-term symptoms and functional limitations can boost settlement potential.

Facial Injuries and Dental Damage

Pedestrians frequently suffer facial injuries if they hit the ground or vehicle directly.

  • Broken noses, orbital bones, or jawbones
  • Eye trauma (leading to partial vision loss)
  • Dental fractures or avulsed teeth
  • Scarring or disfigurement requiring cosmetic surgery

Pennsylvania law permits compensation for disfigurement and emotional distress, making these injuries especially relevant to damages for pain and suffering.

Psychological Trauma

Injuries are not always physical. Pedestrian accident victims often suffer intense emotional distress or mental health complications post-incident.

Common psychological effects include:

  • Post-traumatic stress disorder (PTSD)
  • Anxiety when near roads or vehicles
  • Sleep disturbances and depression
  • Long-term fear of walking or exercising outdoors

These symptoms may require treatment by therapists or psychiatrists. Mental health damages can be claimed under non-economic damages, provided documentation supports the severity.

Calculating Compensation in Pennsylvania Pedestrian Accident Claims
Chapter 10:

Calculating Compensation in Pennsylvania Pedestrian Accident Claims

Pedestrian accident victims in Pennsylvania often face extensive medical bills, missed time from work, and long-term suffering. Calculating compensation isn’t a one-size-fits-all formula—it involves carefully examining economic losses, pain and suffering, liability percentages, and insurance limitations.

Understanding how compensation is calculated is crucial for injured pedestrians seeking fair recovery from insurance companies or through a personal injury lawsuit.

Economic Damages (Special Damages)

Economic damages are the easiest to calculate because they are tied to real, documented financial losses.

These include:

  • Medical expenses – Hospital bills, surgery costs, physical therapy, prescription medications, and long-term care.
  • Lost wages – Time missed from work, including recovery periods and future earning potential.
  • Out-of-pocket costs – Transportation to appointments, mobility aids, home care services, or modifications to accommodate disability.
  • Property damage – Though rare in pedestrian cases, this can include destroyed eyeglasses, phones, or personal items.

All receipts, medical records, and employment documentation should be saved to support these claims.

Non-Economic Damages (General Damages)

Non-economic damages compensate victims for the intangible harm they suffer—physical pain, mental anguish, and reduced quality of life.

These typically include:

  • Pain and suffering – Ongoing physical pain caused by injuries or surgeries.
  • Emotional distress – Trauma, anxiety, depression, PTSD.
  • Loss of enjoyment of life – Inability to participate in hobbies, exercise, or everyday activities.
  • Disfigurement or disability – Lasting changes in appearance or physical ability.

Because these losses are subjective, insurance companies often undervalue them unless a skilled attorney presents strong documentation and expert support.

Pennsylvania’s Modified Comparative Negligence Rule

Pennsylvania follows a 51% modified comparative negligence rule, which means:

  • If the pedestrian is less than 51% at fault, they may still recover compensation, reduced by their share of fault.
  • If the pedestrian is 51% or more at fault, they are barred from any financial recovery.

Example:
If a jury awards $100,000 in total damages, but the pedestrian is found to be 20% at fault (e.g., for stepping into the road without a signal), they would receive $80,000.

Insurance Limits and “Full Tort” vs. “Limited Tort”

Pennsylvania drivers can choose either full tort or limited tort insurance. This distinction may impact compensation for pedestrian accidents if the victim is covered under a limited tort policy.

  • Full Tort: The victim may pursue full compensation for pain and suffering.
  • Limited Tort: The victim is restricted from claiming non-economic damages—unless an exception applies (e.g., permanent injury, death, or being struck as a pedestrian).

Pedestrian accident victims often qualify for exceptions even under limited tort, but proving this requires legal and medical support.

Settlements vs. Jury Verdicts

Most Pennsylvania pedestrian accident claims settle before trial. Settlement amounts depend on the strength of the evidence, severity of injuries, and negotiating leverage. However, going to trial may result in higher compensation when the insurer refuses to offer a fair settlement.

  • Settlements: Typically faster, less risky, and confidential.
  • Verdicts: Can result in higher awards but involve more time, expense, and uncertainty.

Factors That Increase or Decrease Compensation

Several elements influence the value of a pedestrian injury claim:

Infographic showing Factors That Increase or Decrease Compensation for Pedestrian Accident Victims

Factors that increase claim value:

  • Permanent disability or disfigurement
  • High medical costs or long recovery
  • Strong evidence of driver fault
  • Loss of earning capacity

Factors that may reduce compensation:

  • Partial fault by the pedestrian
  • Pre-existing medical conditions
  • Gaps in treatment or delayed diagnosis
  • Low insurance coverage limits

Importance of Accurate Valuation

Without legal guidance, injured pedestrians often underestimate the full value of their claim—especially for non-economic damages and future losses. An experienced pedestrian accident lawyer can ensure all current and future expenses are included, using:

  • Expert witness testimony
  • Medical reports
  • Vocational evaluations
  • Life care planning projections

Proper valuation ensures the injured party isn’t left covering future costs out of pocket.

Chapter 11:

How Pennsylvania’s No-Fault Insurance Affects Pedestrian Accidents

Pennsylvania’s no-fault insurance system plays a critical role in determining how medical bills and damages are handled in pedestrian accident cases. Unlike many other states, Pennsylvania allows drivers to choose between limited tort and full tort auto insurance, and this choice can significantly impact compensation—even for pedestrians who weren’t in a vehicle at the time of the accident.

Understanding how no-fault laws apply to pedestrian accidents is essential for protecting your rights and securing full compensation.

What Is No-Fault Insurance in Pennsylvania?

Pennsylvania’s no-fault insurance system requires all drivers to carry Personal Injury Protection (PIP) coverage. This coverage pays for medical expenses, lost wages, and certain out-of-pocket costs after an accident—regardless of who caused it.

If you are struck by a vehicle as a pedestrian, your own car insurance (if you have one) is typically the first to cover your medical bills through your PIP benefits.

Who Pays Medical Bills in a Pedestrian Accident?

The responsibility for paying medical bills depends on whether the injured pedestrian has their own auto insurance:

  • If the pedestrian has car insurance: Their own PIP coverage applies first, even though they weren’t driving.
  • If the pedestrian does not have car insurance: The at-fault driver’s insurance becomes responsible for the pedestrian’s medical bills.
  • If neither party has insurance: The pedestrian may turn to Pennsylvania’s Assigned Claims Plan, a state program that helps cover medical bills in certain situations.

This system ensures immediate access to medical treatment, but it does not guarantee full compensation for pain and suffering unless other legal elements are met.

Limited Tort vs. Full Tort in Pedestrian Cases

Pennsylvania’s limited tort option restricts the injured person’s ability to sue for non-economic damages like pain and suffering—unless they meet a statutory exception.

However, pedestrian accident victims are often exempt from limited tort restrictions, making it easier for them to recover full damages even if their policy says otherwise.

Exceptions include:

  • Being struck as a pedestrian
  • Suffering a “serious injury,” including permanent disfigurement or impairment
  • Being hit by a driver who is convicted of DUI
  • Being injured by an out-of-state vehicle

If any of these conditions apply, the pedestrian typically regains full tort rights, meaning they can pursue a lawsuit for the full extent of their losses.

What Damages Can Pedestrians Recover?

In addition to PIP benefits, injured pedestrians may be entitled to:

  • Medical expenses not covered by PIP
  • Lost wages beyond PIP limits
  • Pain and suffering (if full tort applies)
  • Future medical costs and lost earning capacity
  • Emotional distress and mental health treatment

If the accident results in a permanent injury or wrongful death, additional damages may be pursued through a personal injury or wrongful death lawsuit.

How No-Fault Impacts Fault-Based Lawsuits

While no-fault laws help pay medical bills quickly, they do not eliminate the right to sue a negligent driver. If your injuries are severe or if one of the exceptions to limited tort applies, you can still bring a personal injury lawsuit against the at-fault driver.

In such cases, Pennsylvania’s modified comparative negligence rule (discussed in Chapter 3) will apply to determine liability and potential recovery amounts.

Key Takeaways for Pedestrian Victims

  • No-fault PIP coverage can come from your own auto policy, even if you weren’t in your car.
  • You may still be entitled to pain and suffering compensation, even under a limited tort policy.
  • The nature of your injuries and how the accident occurred will influence your ability to sue and recover full damages.
  • Legal guidance is often necessary to navigate no-fault exceptions and ensure all coverage options are explored.

If you’ve been hit by a vehicle in Pennsylvania, don’t assume you’re limited to PIP coverage. An experienced pedestrian accident lawyer can help identify your full rights under the no-fault system and build a case for maximum compensation.

Legal Deadlines for Pedestrian Accident Lawsuits in Pennsylvania
Chapter 12:

Statute of Limitations and Legal Deadlines for Pedestrian Accident Lawsuits in Pennsylvania

Time is one of the most critical factors in any pedestrian accident case. Pennsylvania law imposes strict deadlines—known as statutes of limitations—that determine how long an injured pedestrian has to file a lawsuit. Missing these deadlines can completely bar your right to compensation, regardless of the strength of your case.

What Is the Statute of Limitations for Pedestrian Accidents in Pennsylvania?

Under 42 Pa. C.S. § 5524, the statute of limitations for filing a personal injury lawsuit in Pennsylvania is:

Two years from the date of the pedestrian accident.

This applies to any civil lawsuit for injuries resulting from negligence, including when a pedestrian is struck by a vehicle. The clock starts ticking on the day of the accident, not when injuries are discovered (unless rare exceptions apply).

Wrongful Death Claims After a Fatal Pedestrian Accident

If a pedestrian is killed due to a driver’s negligence, the wrongful death statute of limitations also imposes a two-year deadline.

However, in these cases, the clock begins on the date of death, which may differ from the date of the accident if the victim later succumbed to injuries. The lawsuit must be filed by the personal representative of the deceased’s estate.

Claims Against Government Entities

If a pedestrian accident involves a government vehicle (such as a city bus or police car), additional notice requirements apply:

  • A formal written notice of intent to sue must be filed within 6 months of the incident (per 42 Pa. C.S. § 5522).
  • Failure to provide proper notice can result in your claim being dismissed—even if the two-year statute hasn’t expired.

Municipal and state agencies are often protected by sovereign immunity, but exceptions exist for motor vehicle accidents caused by government employees acting within the scope of their duties.

Tolling the Statute of Limitations

In limited situations, the statute of limitations may be paused or “tolled”:

  • Minor children (under age 18): The two-year clock does not begin until the child turns 18. They have until age 20 to file a personal injury lawsuit.
  • Mental incapacity: If the injured party was mentally incapacitated at the time of the accident, the statute may be tolled until they regain capacity.
  • Discovery rule (rare): In extremely rare circumstances, if injuries were not immediately discoverable, the deadline may be extended.

Why You Shouldn’t Wait to Take Action

Even though Pennsylvania law allows two years to file, delaying can significantly weaken your claim. As time passes:

  • Eyewitnesses become harder to locate
  • Memories fade
  • Surveillance footage may be deleted
  • Physical evidence can be lost or compromised

Early legal intervention ensures that all evidence is preserved and deadlines are tracked accurately.

Filing an Insurance Claim vs. a Lawsuit

Many victims begin with an insurance claim—but this does not stop the statute of limitations. Even if you are in active settlement negotiations, the two-year deadline still applies unless a formal lawsuit is filed in court.

Failing to file before the deadline permanently forfeits your right to seek compensation through the legal system.

Key Takeaways

  • You have 2 years from the date of the accident to file a personal injury lawsuit.
  • For wrongful death cases, the clock starts from the date of death.
  • Claims against government agencies require notice within 6 months.
  • Special tolling rules apply to minors and those with mental incapacity.
  • Insurance claims do not pause the statute of limitations—only filing in court does.

If you’re unsure whether your case still falls within the legal deadline, consult a pedestrian accident attorney immediately to protect your rights and avoid missing critical windows for recovery.

Chapter 13:

What to Expect in a Pennsylvania Pedestrian Accident Lawsuit

If you’ve been injured in a pedestrian accident and need to pursue legal action, it’s helpful to understand the process before your case moves forward. Lawsuits are often unfamiliar territory for victims, but knowing what to expect in a Pennsylvania pedestrian accident lawsuit can give you clarity and confidence as you seek justice and compensation.

Filing the Complaint

The first formal step in a lawsuit is the filing of a complaint in civil court. This document outlines:

  • The facts of the accident
  • The injuries suffered
  • The legal basis for holding the driver (or another party) liable
  • The compensation being sought

Once filed, the complaint is served on the defendant, who has a limited time to respond.

Pretrial Discovery Phase

After both sides have filed their initial pleadings, the case enters the discovery phase. This is where each party gathers evidence to support their side of the story. Discovery tools include:

  • Interrogatories (written questions)
  • Requests for production of documents (such as medical records, bills, or insurance policies)
  • Depositions (recorded sworn testimony from involved parties and witnesses)
  • Expert reports (such as accident reconstruction or medical evaluations)

This phase may take several months but is critical to building a strong case.

Settlement Negotiations

Throughout the lawsuit, both parties may engage in ongoing negotiations to resolve the matter without going to trial. This is often where most pedestrian accident cases are resolved. Insurance companies may offer settlements at various stages based on the strength of the evidence and the risk of going to court.

Your attorney will advise you on:

  • Whether a settlement offer is fair
  • The risks of rejecting an offer
  • When to push forward with litigation

If a settlement is reached, the lawsuit ends and compensation is paid out accordingly.

Mediation or Arbitration (Optional Step)

Before trial, the court may order mediation—a structured negotiation with a neutral third party—or non-binding arbitration, where a neutral decision-maker gives an advisory opinion. These methods can speed up resolution and reduce legal costs.

Although these steps are not mandatory, many courts encourage them to avoid a full-blown trial.

Preparing for Trial

If a fair settlement cannot be reached, the case proceeds to trial. In Pennsylvania, this could be a jury trial or a bench trial (heard by a judge only). Trial preparation includes:

  • Finalizing witness lists
  • Presenting expert testimony
  • Organizing exhibits (e.g., accident scene photos, surveillance footage)
  • Preparing opening and closing statements

Your lawyer will present evidence showing the driver’s negligence and explain how your injuries were caused by the accident.

The Trial Itself

A pedestrian accident trial typically proceeds through the following steps:

  1. Jury selection (if applicable)
  2. Opening statements
  3. Presentation of evidence and witness testimony
  4. Cross-examination
  5. Closing arguments
  6. Jury deliberation or judge’s ruling
  7. Verdict

If the verdict is in your favor, the court will determine how much compensation the defendant must pay.

Infographic showing the trial process for pedestrian accident victims

Post-Trial Motions and Appeals

Even after a verdict, either side may file post-trial motions to contest aspects of the trial or request a new one. If denied, the losing party may file an appeal, which can delay the receipt of any awarded compensation.

However, most cases are finalized shortly after a trial verdict, especially if the outcome is clear and the evidence was strong.

How Long Will the Lawsuit Take?

The full lawsuit process can take anywhere from several months to over two years, depending on:

  • The complexity of the case
  • Whether liability is disputed
  • The severity of injuries
  • Court scheduling backlogs

While delays can be frustrating, your attorney will work to keep things moving and ensure your claim is fully developed before trial.

When to Consider Filing a Lawsuit

A lawsuit may be necessary if:

  • The insurance company denies fault
  • The insurer offers an unreasonably low settlement
  • The accident caused severe injuries or long-term effects
  • There is a dispute over who caused the accident

If you’re unsure whether to file, consult with an experienced pedestrian accident lawyer. They can help you evaluate your options, preserve your legal rights, and file before the statute of limitations expires.

Chapter 14:

How to Maximize Your Pedestrian Accident Settlement in Pennsylvania

After a pedestrian accident in Pennsylvania, securing a fair settlement is often the key to rebuilding your life. Insurance companies may attempt to minimize payouts, so knowing how to strategically strengthen your claim can significantly impact the outcome. This chapter explores the most effective ways to maximize your compensation through evidence, legal strategy, and negotiation.

Understand the Full Value of Your Claim

One of the most common mistakes injured pedestrians make is underestimating the value of their damages. A settlement should reflect not only your immediate losses, but also the long-term impact on your health, employment, and quality of life.

Key components of a comprehensive claim include:

  • Medical expenses (past, present, and future)
  • Lost wages and reduced earning capacity
  • Pain and suffering
  • Loss of enjoyment of life
  • Permanent disability or disfigurement
  • Out-of-pocket expenses like transportation and home modifications

To strengthen your case, work with your attorney to calculate each of these damages in detail.

Document Everything from Day One

The more evidence you have, the stronger your negotiating position. Immediately after the accident:

  • Take photos and videos of the accident scene, vehicle, and injuries
  • Obtain medical treatment and keep all related records
  • Request a copy of the police report
  • Get contact information for any eyewitnesses
  • Save all receipts, appointment summaries, and prescriptions

As your case progresses, continue documenting your recovery—especially symptoms that affect your ability to work, sleep, or engage in daily activities.

Get a Medical Expert’s Opinion

Insurance companies often downplay injuries like soft tissue damage, post-concussive syndrome, or chronic pain. A medical expert can provide:

  • Detailed diagnostic reports
  • Prognoses for long-term care
  • Causal links between the accident and your injuries

Expert reports are especially important if your injuries will require future surgeries, rehabilitation, or adaptive care.

Don’t Rush the Settlement

It’s tempting to accept an early offer—especially if bills are piling up. However, premature settlements often fail to account for future complications or ongoing treatment. You should never settle before:

  • You have reached maximum medical improvement (MMI)
  • Your doctors can estimate future care needs
  • Your attorney has reviewed the full extent of your damages

Once you accept a settlement, you cannot request more money later—even if your condition worsens.

Avoid Giving Recorded Statements

Insurance adjusters may ask you for a recorded statement. While this may seem harmless, these statements are designed to:

  • Lock you into an early version of events
  • Get you to admit partial fault
  • Downplay the severity of your injuries

Always consult your attorney before speaking to any insurance representative. You have the right to decline recorded statements.

Demonstrate the Driver’s Negligence Clearly

To maximize your compensation, your case must clearly show that the driver was at fault. This requires establishing that they violated their duty of care. Common types of driver negligence include:

  • Failing to yield at a crosswalk
  • Speeding in residential or urban areas
  • Distracted or drunk driving
  • Running red lights or stop signs
  • Driving aggressively or unlawfully passing stopped vehicles

The stronger your liability evidence, the less likely the insurer will argue to reduce or deny your settlement.

Address Comparative Negligence

Pennsylvania follows a modified comparative negligence rule, meaning you can recover compensation even if you were partly at fault—as long as your share is less than 51%. If fault is disputed, the insurer may try to shift blame to you.

Your attorney can push back on these arguments by:

  • Reconstructing the scene using traffic data and surveillance footage
  • Highlighting driver errors that directly caused the crash
  • Emphasizing your lawful use of the crosswalk or sidewalk

Reducing your percentage of fault directly increases your compensation.

Include Non-Economic Damages in Detail

Non-economic damages—like emotional distress or loss of enjoyment—often comprise a large portion of the settlement. But they require detailed support. Your lawyer may use:

  • Personal statements or journals detailing your struggles
  • Testimony from family and friends
  • Psychological evaluations

These elements humanize your case and increase the settlement’s emotional and legal weight.

Work with an Experienced Pedestrian Accident Attorney

The single most effective way to maximize your settlement is to work with a lawyer who has handled pedestrian injury claims in Pennsylvania. A skilled attorney will:

  • Investigate the accident thoroughly
  • Handle all communications with insurers
  • Protect you from lowball offers
  • Prepare your case for trial if necessary

Most personal injury attorneys work on a contingency fee, meaning you pay nothing unless they recover money for you.

Why You Need a Pennsylvania Pedestrian Accident Lawyer
Chapter 15:

Why You Need a Pennsylvania Pedestrian Accident Lawyer

If you’ve been hit by a car while walking in Pennsylvania, you may be entitled to compensation—but securing a full and fair settlement is rarely straightforward. From understanding liability laws to battling insurance companies, having an experienced pedestrian accident attorney can make a major difference in both the outcome and the process of your claim.

Pedestrian Laws Are Nuanced in Pennsylvania

Pedestrian accident cases aren’t like typical car crash claims. They often involve:

  • Shared fault arguments under Pennsylvania’s modified comparative negligence rule
  • Unique right-of-way laws at crosswalks, intersections, and unmarked areas
  • Municipal liability issues when poor signage or road design plays a role

An experienced attorney will understand how these nuances apply to your specific situation and use them to strengthen your case.

Insurance Companies Are Not on Your Side

Insurance adjusters are trained to reduce payouts. If you try to handle your claim alone, you may face:

  • Lowball settlement offers
  • Pressure to accept blame through recorded statements
  • Delays in processing your claim
  • Denials based on technicalities

A pedestrian accident lawyer knows how to navigate these tactics. They will handle all communications, negotiate aggressively on your behalf, and ensure that your rights are protected throughout the process.

Proving Fault Requires Legal Skill and Resources

Determining liability in a pedestrian accident often requires more than a police report. Your attorney can build your case by:

  • Investigating the accident scene
  • Collecting traffic camera or surveillance footage
  • Interviewing eyewitnesses
  • Consulting accident reconstruction experts
  • Subpoenaing cell phone records or black box data

Without legal representation, it’s nearly impossible to access and organize this level of evidence.

Maximizing Compensation Is More Complex Than It Seems

While medical bills and lost wages are straightforward, calculating the full value of pain and suffering, future medical needs, or long-term disability is more subjective. A skilled personal injury lawyer will:

  • Use medical expert testimony to establish ongoing care needs
  • Document the emotional and psychological toll of the accident
  • Prepare your case as if it’s going to trial to strengthen negotiation leverage

This approach often results in far higher settlements than self-represented claimants receive.

Your Legal Fees Are Contingency-Based

Many people hesitate to contact a lawyer due to cost concerns. However, pedestrian accident attorneys in Pennsylvania typically work on a contingency fee basis. That means:

  • You pay nothing upfront
  • You only pay if they win compensation for you
  • Their fee is a percentage of the settlement or verdict

This arrangement allows all accident victims—regardless of financial situation—to access high-quality legal representation.

You’ll Gain Peace of Mind

After a traumatic accident, the last thing you should have to worry about is paperwork, deadlines, or negotiating with insurers. When you hire a lawyer, you can focus on healing while they handle:

  • Filing your claim
  • Managing all legal deadlines
  • Dealing with hospitals and health insurers
  • Protecting your rights at every step

Having someone in your corner reduces stress and ensures you don’t miss any critical steps that could jeopardize your case.

Take the First Step Toward Justice and Recovery

If you or a loved one was injured in a pedestrian accident in Pennsylvania, don’t wait to get the help you deserve. The sooner you speak with a qualified attorney, the better your chances of recovering full compensation for your injuries, medical costs, lost wages, and pain and suffering.

Mattiacci Law has recovered millions for injured pedestrians across Pennsylvania and New Jersey—and we’re ready to fight for you.

Call 215-914-6919 today for a free, no-obligation consultation.

There’s no fee unless we win. Let us review your case, explain your rights, and start building your path toward justice.