Pedestrian accidents raise many questions.
Below are detailed answers to issues we hear most often from injured pedestrians and their families in Philadelphia. These are general explanations, not legal advice for your specific situation. For personalized guidance, you can speak directly with Philly Injury Lawyer. We Win or It’s Free®.
What should I do immediately after a pedestrian accident?
First, focus on your safety and health:
- Call 911 or ask someone nearby to call.
- Accept medical care from paramedics and go to the hospital if recommended.
- Try to stay calm and avoid moving more than necessary until you are assessed.
If you are able, you should also:
- Get the driver’s name, contact information, and insurance details.
- Note the vehicle’s make, model, color, and license plate.
- Take photos of the scene, your injuries, and anything that may have contributed to the crash, such as crosswalks, traffic lights, or road conditions.
- Ask witnesses for names and contact information.
Once you are safe and have received medical attention, contact a pedestrian accident lawyer before speaking in detail with any insurance company.
Who pays my medical bills after a pedestrian accident?
In Pennsylvania, several sources may help pay your medical bills:
- Your own auto insurance, if you have it, may provide medical benefits even though you were walking.
- The driver’s auto insurance may ultimately be responsible for your medical costs and other damages if they were at fault.
- Health insurance can also help, although it may later seek reimbursement from your settlement or verdict.
Sorting out who pays what can be confusing. A lawyer can explain how these different coverages work together and help protect you from unfair collection efforts while your claim is pending.
What if I do not own a car or have auto insurance?
If you do not own a car and do not have auto insurance:
- You may still have access to medical coverage through a family member’s policy if you live in their household.
- If no household policy applies, you may make a claim directly against the at-fault driver’s insurance.
- Health insurance, public programs, or hospital charity care may also assist in the short term.
We will help you explore all available options and work to ensure that lack of auto insurance does not prevent you from pursuing a claim.
What if the driver who hit me left the scene?
Hit-and-run pedestrian accidents are frightening and frustrating. Even if the driver fled:
- Police may still identify the vehicle through witnesses or surveillance footage.
- You may be able to make a claim under your own auto insurance policy if you have uninsured motorist coverage.
- In some cases, other sources of coverage may apply, depending on your circumstances.
The sooner you contact a lawyer, the better the chances of finding evidence, securing video, and exploring all insurance options.
What if the driver who hit me did not have enough insurance?
If the driver has little or no insurance:
- You may have uninsured or underinsured motorist coverage on your own policy or a household policy.
- There may be additional liable parties, such as an employer, property owner, or contractor, with separate insurance.
- In rare cases, you may pursue the driver personally, although collecting from an individual can be difficult.
Part of our job is to locate every possible source of compensation so you are not limited by a single inadequate policy.
What compensation can I recover in a pedestrian accident case?
Depending on the facts of your case, you may be able to recover compensation for:
- Medical bills, including hospital stays, surgery, therapy, and medications
- Future medical care and rehabilitation needs
- Lost wages and loss of future earning capacity
- Pain, suffering, and emotional distress
- Loss of enjoyment of life and impact on daily activities and relationships
- Property damage, such as damaged clothing, phones, or mobility devices
If a loved one died in a pedestrian accident, your family may have claims for funeral expenses, loss of financial support, and loss of companionship.
Do I have a case if I was not in a crosswalk?
Yes, you may still have a case even if you were not in a crosswalk. Drivers have a duty to:
- Keep a proper lookout for pedestrians
- Travel at safe speeds for conditions
- Take reasonable steps to avoid hitting people in the roadway
Your decision to cross outside a crosswalk may affect how fault is divided, but it does not automatically prevent you from recovering. Pennsylvania’s comparative negligence rules may still allow compensation as long as you were not more than fifty percent at fault.
What if I was partly to blame for the accident?
Many cases involve shared responsibility. You might feel you could have:
- Looked more carefully
- Waited for a different light cycle
- Avoided distractions from a phone or headphones
Even if you made a mistake, you may still recover compensation. Under Pennsylvania law, your damages may be reduced by your percentage of fault, but you can still recover as long as your share is not greater than the combined fault of the defendants. We work to challenge exaggerated claims about your responsibility and show how the driver or others played the larger role.
How long do I have to file a pedestrian accident lawsuit in Pennsylvania?
In many pedestrian accident cases, you have two years from the date of the crash to file a lawsuit. However:
- Different rules may apply if a loved one died as a result of the crash.
- Claims involving minors can have extended deadlines.
- Claims against public entities may require written notice within a much shorter time.
Because deadlines can be complex and missing them can end your rights, it is important to speak with a lawyer as soon as possible.
Will I have to go to court?
Many pedestrian accident cases settle without a trial. Whether you have to go to court depends on:
- How strongly the other side disputes fault
- How far apart both sides are on the amount of fair compensation
- Whether you are comfortable with the settlement offers that are made
We prepare every case as if it might go to trial. This preparation often leads to better settlement offers. If trial becomes necessary, we guide you through the process and make sure you understand what to expect.
How long will my case take?
The length of a pedestrian accident case varies. Factors include:
- The seriousness of your injuries and how long it takes to understand your long-term prognosis
- The number of parties involved and how complex the facts are
- How cooperative or unreasonable the insurance companies are
- Whether a lawsuit must be filed and how busy the court system is
Some cases resolve in several months; others take longer, especially when injuries are severe. We keep you updated and move your case forward as efficiently as possible.
What if dangerous road or sidewalk conditions contributed to my accident?
Sometimes a pedestrian accident is caused in part by:
- Poor lighting or missing streetlights
- Faded or missing crosswalk markings
- Broken or missing curb ramps
- Potholes, uneven pavement, or other hazards
- Confusing signal timing or sign placement
In these situations, public agencies or property owners may share responsibility. Claims against such entities have special rules and deadlines, so early legal advice is crucial.
What documents should I keep for my case?
Helpful documents include:
- Medical records and bills
- Prescription and pharmacy receipts
- Pay stubs or employer letters showing missed work and lost income
- Photos or videos of the scene, your injuries, and your recovery
- A journal describing your pain levels, limitations, and emotional state
- Any letters or messages from insurance companies
Keep everything related to the crash in one place. We can help sort through and organize these materials.
Do I need a lawyer for a pedestrian accident claim?
You are not required to hire a lawyer, but pedestrian cases can be complex. A lawyer can:
- Investigate the crash and gather evidence
- Identify all liable parties and insurance policies
- Calculate the full value of your claim, including future needs
- Handle communications and negotiations with insurance companies
- Protect you from pressure to accept an unfair settlement
- Represent you in court if the case does not settle
Having a lawyer allows you to focus on healing while someone else handles the legal and financial side.
How does Philly Injury Lawyer get paid?
We work on a contingency fee basis in pedestrian accident cases. This means:
- You do not pay an upfront retainer.
- You do not pay hourly fees.
- Our fee is a percentage of the settlement or verdict we obtain for you.
- If we do not recover money for you, you do not owe us an attorney’s fee.
We explain our fee agreement clearly at the beginning so you understand exactly how it works.
What can I do to help my own case?
You can support your case by:
- Following your doctors’ recommendations and attending all appointments
- Being honest and thorough when describing your symptoms and limitations
- Keeping us informed about changes in your medical condition or work status
- Avoiding social media posts that might be misinterpreted by insurers
- Asking questions whenever something is unclear
We see our relationship as a partnership. Your openness and cooperation help us present the strongest possible claim.