Pedestrian accidents are constant threats on Pennsylvania’s roads. Many individuals are hurt or killed each year due to driver negligence or to unsafe roads. Because pedestrians are vulnerable, these collisions often result in life-altering injuries or fatalities. Injured pedestrians and their families should be aware of the legal and insurance options for recovering financial compensation.

The cause of most pedestrian accidents is driver negligence. Examples include speeding, distracted driving (such as texting), failing to yield at crosswalks or driving under the influence. If the at-fault driver is identified, victims can pursue claims against the driver’s insurance and can sue for damages beyond what the insurance will cover. Proving the driver’s fault typically involves gathering evidence from police reports, witness statements, surveillance footage and sometimes accident reconstruction experts. 

The compensation available to injured pedestrians in a lawsuit is generally of two types. One is economic damages, which include current and future medical bills, lost wages, diminished earning capacity, long-term care costs and out-of-pocket expenses like travel to medical appointments, purchasing assistive devices or making home modifications. The second is non-economic damages, such as pain and suffering, emotional distress, loss of enjoyment of life and scarring or disfigurement.

However, Pennsylvania follows a modified comparative negligence rule with respect to damages. If a pedestrian is partially at fault, such as by crossing outside a designated intersection, their recoverable damages will be reduced by their percentage of negligence. If they are more than 50 percent responsible for the accident, they cannot recover damages from the driver or any other party. 

The following other sources of insurance benefits may be available: 

• Injured pedestrians can use their own auto insurance, specifically Medical Benefits coverage, which pays for medical expenses regardless of who was at fault. They may also have purchased optional first‑party benefits that cover income loss and extraordinary medical benefits.

• If the negligent driver flees the scene (hit and run) or has inadequate liability insurance, the victim’s own uninsured/underinsured motorist coverage (UM/UIM) may provide compensation. 

• Once auto insurance coverage is exhausted, health insurance may step in to cover ongoing medical costs, though insurance companies may later seek reimbursement through subrogation.

After an accident, pedestrians should seek immediate medical care, report the incident to police and notify their insurer right away. As soon as possible, they should seek legal advice, which can be vital to securing all available benefits and ensuring their rights are fully protected. An experienced pedestrian accident attorney can navigate insurance claim procedures, negotiate with carriers and take appropriate action, including litigation, if a carrier fails to offer a good faith settlement. 

Phil DiLucente & Associates, LLC pursues compensation for pedestrians injured in traffic collisions in Allegheny County and throughout Western Pennsylvania. Please call 1.800.GET.PHIL or contact us online to schedule a free initial consultation.