Pedestrian accidents are some of the most devastating incidents on Pennsylvania roads. Unlike drivers, pedestrians have no physical protection, which often leads to serious or life-threatening injuries. If you have been struck by a vehicle, it’s normal to feel overwhelmed, confused, and uncertain about what to do next. Knowing your rights and the steps to take immediately after the incident can make a significant difference in your physical recovery and legal outcome.

Prioritize Medical Attention Immediately

Your first priority after being hit by a vehicle should be your health. Even if you believe your injuries are minor, it’s crucial to get medical help right away. Many injuries—such as concussions, internal bleeding, or soft tissue damage—may not be obvious at first. Prompt medical evaluation ensures that any injuries are diagnosed and treated early, and it creates an important medical record that can support a future personal injury claim.

If possible, call 911 from the scene or ask someone nearby to do it for you. Paramedics can provide emergency care, and the responding police officers will document the incident in an official accident report.

Stay at the Scene and Gather Information

If you are able to remain at the scene, it’s important to collect as much information as possible before leaving. This information can later help your lawyer establish fault and pursue compensation. Try to obtain:

• The driver’s full name, contact details, and insurance information

• The vehicle’s license plate number and description

• Names and contact information of any witnesses

• Photos or videos of the accident scene, vehicle, injuries, and any traffic signs or signals

If your injuries prevent you from collecting information, ask a friend, family member, or bystander to help document the scene for you.

Report the Accident to Law Enforcement

In Pennsylvania, police should always be called when a pedestrian is struck by a vehicle, especially if there are injuries or significant property damage. When officers arrive, provide clear and factual details about what happened. Avoid making guesses or admitting fault, even casually. The police report will serve as a key piece of evidence if you later need to file a personal injury claim or lawsuit.

Request a copy of the police report once it’s available. This document will include critical details such as statements from both parties, witness accounts, and the officer’s observations about the crash.

Understand Pennsylvania’s Insurance Rules for Pedestrian Accidents

Pennsylvania has a unique insurance system known as “choice no-fault.” This means drivers can choose between limited tort and full tort coverage when purchasing auto insurance. As a pedestrian, you may be covered under your own auto insurance policy if you have one, even though you weren’t driving at the time of the accident.

Here’s how it generally works:

• If you have auto insurance, your own Personal Injury Protection (PIP) coverage may pay for your medical expenses and lost wages up to your policy limit, regardless of who caused the accident.

• If you don’t have auto insurance, you may still be eligible for coverage under the driver’s insurance or through other options available under state law.

However, if your injuries are severe or involve long-term impairment, you may be entitled to pursue a claim against the at-fault driver for additional compensation beyond PIP limits. This can include damages for pain and suffering, emotional distress, and future medical costs.

Seek Legal Guidance Before Speaking with Insurance Companies

Insurance companies, even your own, may try to settle claims quickly or pay as little as possible. After the accident, you might be contacted by an insurance adjuster asking for a recorded statement or offering a fast settlement. It’s important to avoid making statements or accepting offers without first consulting a personal injury lawyer.

A lawyer can communicate with insurers on your behalf and make sure your claim is accurately represented. They can also help determine the full extent of your damages and ensure you’re not pressured into accepting less than you deserve.

Determine Fault and Liability

Establishing who was at fault in a pedestrian accident is a crucial part of your case. In Pennsylvania, drivers have a legal duty to operate their vehicles safely and yield to pedestrians in crosswalks. However, pedestrians must also obey traffic signals and use reasonable care for their own safety.

Fault is often determined by reviewing evidence such as:

• Police reports and witness statements

• Traffic camera or surveillance footage

• Vehicle damage and skid marks

• Cell phone records or data showing driver distraction

Pennsylvania follows a modified comparative negligence rule, which means you can still recover compensation if you were partly at fault, as long as your share of fault is not greater than 50%. However, your recovery will be reduced by your percentage of fault. For example, if you are found 20% responsible for the accident, your compensation would be reduced by 20%.

Keep Detailed Records of Your Recovery and Expenses

As you begin the recovery process, keep all documents related to the accident and your injuries. These records will be vital in calculating your damages and supporting your claim. Keep copies of:

• Medical reports and hospital bills

• Prescription and rehabilitation costs

• Photos of injuries throughout the healing process

• Employment records showing missed work or reduced income

• Any communication from insurance companies

You should also keep a personal record of how the injury affects your daily life. Write down your pain levels, emotional challenges, and how your injuries have impacted your ability to perform routine tasks. These notes can provide valuable insight into non-economic damages such as pain and suffering.

Be Aware of Time Limits for Filing a Claim

In Pennsylvania, the statute of limitations for filing a personal injury lawsuit is generally two years from the date of the accident. If you miss this deadline, you may lose your right to seek compensation through the courts. While two years may seem like plenty of time, gathering medical records, negotiating with insurers, and building a strong case can take months. Consulting a lawyer early allows them to start working on your behalf while ensuring all legal deadlines are met.

Compensation You May Be Entitled To Receive

If another person’s negligence caused your injuries, you may be eligible to recover a range of damages. These can include:

• Medical expenses, both current and future

• Lost income and diminished earning capacity

• Rehabilitation and therapy costs

• Pain and suffering

• Emotional distress

• Loss of enjoyment of life

In cases involving gross negligence or reckless behavior—such as a drunk or distracted driver—you may also be able to seek punitive damages, which are designed to punish the wrongdoer and discourage similar conduct in the future.

Protecting Yourself as a Pedestrian

While not every accident can be prevented, taking simple precautions can help reduce your risk. Always use designated crosswalks when available, follow traffic signals, and make yourself visible, especially at night or in poor weather conditions. Avoid distractions such as texting or wearing headphones while crossing the street, as these can reduce your awareness of your surroundings.

Drivers also share the responsibility of keeping pedestrians safe. Staying alert, obeying speed limits, and refraining from using phones behind the wheel are essential actions that can save lives.

Conclusion

Being hit by a vehicle can change your life in an instant. The physical, emotional, and financial impact can be significant, but you don’t have to handle it alone. Understanding your rights and taking the proper steps after the accident can help protect your well-being and your future.

If you or someone you love has been struck by a vehicle in Pennsylvania, consulting a personal injury lawyer can provide the clarity and support you need. An experienced attorney can help you navigate the complex insurance system, prove liability, and fight for the full compensation you deserve.