A person on foot never wins the physics. Pedestrian crashes produce the most serious injuries we see, and they happen most in exactly the places Philadelphians walk — Roosevelt Boulevard, Broad Street, and dense rowhouse intersections. Two things surprise injured pedestrians in Pennsylvania: how much coverage may actually apply to them, and how quickly the driver’s insurer starts building a “pedestrian came out of nowhere” defense.
Your Rights and Coverage as a Pedestrian
- Right-of-way rules favor people in crosswalks. Pennsylvania’s vehicle code requires drivers to yield to pedestrians in crosswalks, and city crash patterns tracked by Philadelphia’s street-safety programs show where drivers fail that duty most.
- Insurance can come from several places. The striking driver’s liability coverage, first-party medical benefits that may apply even though you weren’t in a car, and your own household auto policy can all be in play — mapping coverage is step one.
- Jaywalking is not a case-killer. Crossing outside a crosswalk goes to comparative fault, not to whether you can recover — see our post on jaywalking and liability. Drivers owe due care to pedestrians everywhere, marked crosswalk or not.
- Hit-and-run has answers. Uninsured motorist coverage and other sources can compensate victims of drivers who flee — our hit-and-run page explains how.
Building the Case
Intersection cameras, business surveillance, vehicle data, and scene evidence establish speed and attention — NHTSA pedestrian-safety research and PennDOT crash data supply the patterns. Injuries in these cases — head trauma, fractures, spinal damage — need documentation matched to long-term consequences, not just the ER visit. Prevention-minded readers can start with our pedestrian safety tips.
Frequently Asked Questions
The driver says I stepped out suddenly. It’s my word against theirs — now what?
It’s rarely just words. Cameras, vehicle event data, damage patterns, and witness canvassing usually reconstruct what happened. That’s investigation work — and it’s why early attorney involvement changes outcomes.
I was hit outside a crosswalk. Do I still have a claim?
Very possibly. Drivers owe care to pedestrians everywhere; crossing mid-block goes to comparative fault, and Pennsylvania allows recovery unless you were more than 50% responsible.
Whose insurance pays my medical bills while the case is pending?
Often first-party medical benefits under an applicable auto policy pay first, with health insurance behind it — the sequencing is technical and getting it wrong creates lien headaches later. We sort it as part of every pedestrian case.
How long do I have to file a personal injury claim in Pennsylvania?
Generally two years from the date of injury under Pennsylvania law, but important exceptions exist — shorter notice deadlines for claims against government entities (including SEPTA and the City), and different rules for minors and late-discovered injuries. Treat two years as the outer marker and get specific advice about your dates early.
What does it cost to hire your firm?
Injury cases are handled on a contingency fee: you pay no attorney’s fee unless we recover compensation for you. The percentage and how case costs (filing fees, records, experts) are handled are spelled out in a written fee agreement before you sign anything, and the initial consultation is free.
Struck by a vehicle while walking? Call (215) 464-4600 or contact us online for a free, confidential consultation. We handle injury cases on a contingency fee: no attorney’s fee unless we recover compensation for you, with case costs explained in the written fee agreement before you sign.