Legal Rights of Pedestrians Hit by a Vehicle: What Compensation Is Available?
Being struck in a pedestrian accident is one of the most traumatic events a person can experience. Whether it happens while crossing at a marked crosswalk or walking through a parking lot, the impact of a crash can lead to serious injuries, lasting emotional trauma, and significant financial burdens.
Pedestrians have legal protections that allow them to pursue compensation from the at-fault party. A knowledgeable attorney at the Law Office of Shabbick & Stehle can help you understand your legal rights and the types of compensation available after a pedestrian accident.
Pennsylvania Laws That Protect Pedestrians
Pennsylvania law is clear when it comes to pedestrian safety: drivers must yield to people crossing the street in designated crosswalks and must drive responsibly to avoid harming others. When a driver fails to follow these rules, they may be held legally and financially responsible. Some important protections include:
Right of way at crosswalks: Drivers must yield to pedestrians crossing in marked crosswalks or at intersections.
Traffic signal rules: Pedestrians must follow traffic signals, but even if someone crosses improperly, drivers still have a duty to avoid hitting them.
Due care requirements: Drivers are required to exercise caution to avoid hitting pedestrians, especially children, people with disabilities, or elderly individuals.
If a driver violates these laws and strikes someone on foot, they could face not only civil liability but also traffic citations or criminal charges in serious cases.
Proving Fault in a Pedestrian Accident
Before compensation can be awarded, someone must prove that the driver—or another party—was at fault. Pennsylvania uses a modified comparative negligence rule, which means that a pedestrian can still recover damages even if they were partly responsible, as long as their share of fault is less than 51%. Several types of evidence can be used to prove fault:
Eyewitness testimony: People who saw the crash can offer helpful accounts of how the incident unfolded.
Surveillance footage: Cameras from traffic lights, businesses, or homes may have captured the moment of impact.
Police reports: These often include initial assessments of fault and may cite the driver for traffic violations.
Accident reconstruction: Experts can analyze skid marks, vehicle damage, and other physical evidence to recreate the scene.
Assigning fault isn't always straightforward. In some cases, both the pedestrian and the driver may share blame. If you're found 20% responsible, for instance, your damages will be reduced by that amount.
Common Injuries in Pedestrian Accidents
Even low-speed collisions can cause severe injuries when a person on foot is hit by a vehicle. Unlike drivers or passengers in cars, pedestrians have no protection from the force of impact. Some of the most common injuries include:
Broken bones: Fractures in the legs, arms, ribs, and pelvis are common.
Head trauma: Concussions and traumatic brain injuries often occur when the pedestrian is thrown to the ground.
Spinal cord injuries: These can lead to temporary or permanent paralysis.
Soft tissue injuries: Torn ligaments, bruises, and muscle damage are frequently reported.
Internal injuries: Damage to organs may not be immediately obvious but can be life-threatening.
The severity of these injuries plays a big role in determining how much compensation a person might receive.
Types of Compensation Available to Pedestrian Victims
Once fault is established, injured pedestrians may be entitled to compensation for a wide range of losses. This includes both economic damages (those with a clear dollar amount) and non-economic damages (those related to pain and suffering). Here are some examples:
Medical expenses: Emergency care, surgeries, rehabilitation, medications, and follow-up visits.
Lost income: Wages missed during recovery or due to permanent disability.
Loss of future earning capacity: If injuries limit the ability to return to previous work.
Pain and suffering: Emotional distress, mental anguish, and diminished quality of life.
Loss of consortium: Damages awarded to family members when the victim’s relationships are affected.
In rare cases involving extreme negligence or intentional harm, a court may also award punitive damages to punish the wrongdoer and deter future misconduct.
What Happens If the Driver Is Uninsured or Flees the Scene?
Unfortunately, not all drivers follow the law after hitting a pedestrian. If the driver is uninsured or leaves the scene, victims still have legal options. In these situations, compensation may be available through:
Uninsured motorist (UM) coverage: If the pedestrian has car insurance, their own policy may provide UM coverage that can help.
Underinsured motorist (UIM) coverage: This kicks in when the driver’s policy limits don’t cover all the damages.
Victim compensation funds: Pennsylvania may offer limited compensation through crime victim support programs in hit-and-run cases.
Civil lawsuits: Victims can still sue the driver directly, though collecting damages may be difficult if the driver lacks assets.
Hit-and-run crashes create added stress for injured pedestrians, but it's important not to give up. With the right legal support, it's still possible to pursue compensation.
Dealing With Insurance Companies After a Crash
Insurance companies don’t always make things easy for pedestrian accident victims. Their goal is to settle claims for as little money as possible. It's common for adjusters to question the extent of injuries, delay processing claims, or try to shift blame onto the pedestrian. Here are some common insurance tactics to look out for:
Lowball settlement offers: Initial offers are often much lower than what a claim is truly worth.
Recorded statements: Adjusters may ask leading questions during recorded calls that can be used against the victim.
Blame shifting: Some insurers will argue that the pedestrian was at fault for not paying attention or crossing improperly.
Requesting excessive documentation: Delays can be used to pressure injured people into settling quickly.
You don’t have to handle these tactics alone. A lawyer can speak directly with insurers, gather the right documentation, and fight for a fair settlement.
When a Lawsuit May Be Necessary
While many pedestrian accident claims are settled outside of court, some situations call for filing a lawsuit. This often happens when the insurance company refuses to make a fair offer or denies liability altogether. Some scenarios that may require a lawsuit include:
Severe injuries or death: Higher damages often lead to stronger resistance from insurers.
Disputes over fault: If the driver denies responsibility, a jury may need to decide.
Uninsured or underinsured drivers: Legal action may be the only way to recover compensation.
Bad faith by the insurer: If the insurer acts dishonestly or refuses to honor the policy, a separate claim may be filed.
According to the Pennsylvania General Assembly, lawsuits must be filed within two years of the accident date in Pennsylvania. This deadline—known as the statute of limitations—means it’s critical not to delay if you're considering legal action.
Special Considerations for Children and Elderly Pedestrians
Accidents involving children or older adults are often more serious and may involve different legal considerations. Both groups are at higher risk of life-altering injuries due to their vulnerability. Here’s what to keep in mind:
Children under 7: Are generally presumed not to be capable of negligence.
School zones: Drivers have a higher duty of care in areas near schools and playgrounds.
Elderly pedestrians: May suffer longer recovery times or be more likely to face permanent disability.
Because of these factors, compensation in these cases can be significantly higher. Families should consult a personal injury attorney to explore all available avenues for support and legal claims.
Contact Us Today
Getting hit by a car in a pedestrian accident is a serious legal matter that can affect your health and finances. Talk to an attorney who cares about helping you get compensation.
We serve clients in Lehigh County, Northampton County, Carbon County, Bethlehem, and Palmerton, Pennsylvania. Contact the Law Office of Shabbick & Stehle today for a free consultation.