The clocks fall back on Sunday, November 1. For most of the fall and winter, the walk home from work, school or the bus stop will happen in the dark. Add Halloween on October 31, when children and families are out on neighborhood streets after sunset, and late October becomes one of the riskiest times of year to be on foot in Pennsylvania.
If a driver hits you while you are walking, the steps you take in the first days can affect your health and your claim. Here is what Pennsylvania pedestrians should know.
First, Get Medical Care
Call 911 if you or anyone else is hurt. Even if you feel able to walk away, see a doctor the same day or the next. Injuries such as concussions, internal bleeding and soft tissue damage often do not show symptoms right away. A prompt medical visit also creates a record that connects your injuries to the crash.
Steps to Take After the Crash
If you are able, or if someone can help you:
- Call the police and ask for a crash report. Write down the officer’s name and the report number.
- Get the driver’s information: name, phone number, license plate, and insurance company and policy number.
- Take photos of the scene, the crosswalk or intersection, traffic signals, lighting, the vehicle and your injuries.
- Ask witnesses for their names and phone numbers. People who saw the crash can be hard to find later.
- Note nearby cameras. Stores, homes and buses often have video that is erased within days.
- Keep your shoes and clothing from the crash. Do not wash them.
- Do not give a recorded statement to the driver’s insurance company before you talk to a lawyer.
Who Pays Your Medical Bills?
This surprises many people. In Pennsylvania, if you own a car or live with a relative who has car insurance, your own auto policy pays your first medical bills, even though you were walking and the other driver caused the crash. This coverage is called first-party medical benefits, and every Pennsylvania auto policy includes at least $5,000 of it.
If no one in your household has auto insurance, the insurance on the car that hit you usually pays those first-party benefits. If that car has no insurance either, the Pennsylvania Assigned Claims Plan may help.
Medical benefits are only the start. They do not cover pain and suffering, and they often run out quickly after a serious injury. That is where a claim against the at-fault driver comes in.
Drivers Must Yield to Pedestrians
Pennsylvania law requires drivers to yield to pedestrians in marked crosswalks and at intersections. Drivers must also watch for people on foot, slow down near schools and in neighborhoods, and use extra care at night. A driver who was speeding, distracted, turning without looking or failing to yield may be responsible for your injuries.
What If You Were Partly at Fault?
Insurance companies often argue that the pedestrian was not in a crosswalk, was wearing dark clothing or stepped out suddenly. Even if you were partly at fault, you may still recover money. Under Pennsylvania’s comparative negligence rule, your compensation is reduced by your share of the fault, as long as you were not more at fault than the driver.
What Can a Pedestrian Claim Include?
A claim against the at-fault driver may include:
- Medical bills not covered by first-party benefits
- Future medical care and therapy
- Lost wages and lost earning ability
- Pain and suffering
- Loss of enjoyment of life
If a loved one was killed, the family may have wrongful death and survival claims.
Do Not Wait Too Long
In most Pennsylvania injury cases, you have two years from the date of the accident to file a lawsuit. If a city vehicle, a SEPTA bus or another government vehicle hit you, or a dangerous road condition played a part, you generally must give written notice within six months. Evidence like video and witness memories fades fast, so it helps to talk to a lawyer early.
Talk to a Pennsylvania Pedestrian Accident Lawyer
Ostroff Godshall Injury and Accident Lawyers has helped injured people across Pennsylvania for more than 30 years. We can meet you at home, at work or in the hospital, and you pay no attorney fee unless we recover money for you.
If you were hit by a car while walking, call us or request a free case review today.
Past results do not guarantee a similar outcome. This article is general information, not legal advice.
