The Insurance Company Claims I Stepped Out or Rode Against Traffic. Does That End My Pedestrian or Bicycle Accident Case?

After a pedestrian or bicycle accident, you are likely facing significant challenges. Medical bills might be mounting, and the shock of what happened can be overwhelming. Then the insurance company calls and tells you that you were at fault – that you stepped out into traffic or were riding your bicycle against the flow. You might worry this means you have no options.

We understand that hearing this from an insurance adjuster can be deeply upsetting and confusing. It is important to know that an insurance company's claim about your fault does not automatically end your ability to seek justice. Pennsylvania law has specific rules about shared fault that can apply in these situations.

Understanding Fault in Pennsylvania Accidents

Pennsylvania follows a rule called "modified comparative negligence." This means that if you are partially at fault for an accident, you can still seek damages, but the amount you receive might be reduced. However, there is a limit. If a jury finds you more than 50% responsible for the accident, Pennsylvania law, specifically 42 Pa. C.S. § 7102, bars you from recovering any funds from the other party.

This law is crucial in cases where an insurance company claims you were partly to blame. Their goal is often to shift as much blame as possible onto you to reduce what they have to pay, or to avoid paying altogether. It is not uncommon for them to suggest a pedestrian darted out or a bicyclist rode against traffic, even when the facts do not fully support such a claim.

The "Stepped Out Into Traffic" Claim for Pedestrians

If you were hit as a pedestrian and the insurance company claims you "stepped out into traffic," they are trying to argue you were negligent. This could involve allegations that you:

• Crossed outside a crosswalk.
• Crossed against a "Do Not Walk" signal.
• Walked into the road from between parked cars.
• Were distracted and did not see an approaching vehicle.

However, drivers also have a duty to operate their vehicles safely and watch for pedestrians. Even if a pedestrian is not in a crosswalk, drivers must still exercise caution to avoid hitting them. A driver who is speeding, distracted, or failing to yield the right-of-way could still be found negligent, even if you were also found to have made a mistake.

For example, if you began to cross the street outside a crosswalk, but the driver was also speeding and talking on their phone, both parties could share some fault. A jury would then decide the percentage of fault for each person involved. If your assigned fault is 50% or less, you can still pursue your case.

Riding Against Traffic for Bicyclists

For bicyclists, the claim of "riding against traffic" is a common one. Pennsylvania law generally requires bicycles to operate like motor vehicles, meaning they should travel in the same direction as traffic, usually on the right side of the road or in a designated bike lane. Riding against traffic (also known as "wrong-way cycling") can be a violation of traffic laws and could be considered evidence of negligence.

However, just like with pedestrians, a bicyclist riding against traffic does not automatically mean the accident is entirely their fault. A driver still has a responsibility to see and avoid hazards, including bicyclists, even if the bicyclist is not following every rule. For example, if a driver was turning left and failed to look for oncoming traffic, or was speeding, they could still bear significant responsibility for the accident, even if the bicyclist was riding against traffic.

The key question will be whether the driver's actions were a direct cause of the collision, and what role your actions played. A careful investigation will look at all factors: driver speed, attention, road conditions, visibility, and how both parties reacted.

Limited Tort and Pedestrian/Bicycle Accidents

Pennsylvania's motor vehicle insurance system includes "limited tort" and "full tort" options. If you chose the limited tort option for your own auto insurance policy, it generally restricts your ability to recover certain non-economic damages, like pain and suffering, unless your injuries meet a "serious injury" threshold. However, there are important exceptions to this rule.

For pedestrian and bicycle accidents, one critical carve-out exists under 75 Pa. C.S. § 1705(d)(3). This section states that if you were a pedestrian or bicyclist injured by a motor vehicle, your limited tort election does not apply. This means that even if you have limited tort insurance, you can still pursue a full recovery for all your damages, including pain and suffering, without needing to meet the serious injury threshold, provided the accident was not your fault or you were found to be 50% or less at fault.

This is a vital protection for those on foot or bicycle who are often more vulnerable in traffic. It ensures that victims of these accidents are not unfairly penalized by their personal insurance choices when hit by a vehicle.

The Role of Investigation and Evidence

When an insurance company blames you, it is critical to conduct a thorough investigation. We cannot rely on their interpretation of events. This involves gathering all available evidence, which may include:

• Police reports: These often contain initial observations, witness statements, and sometimes preliminary findings of fault.
• Witness statements: People who saw the accident can provide unbiased accounts of what happened.
• Surveillance video: Cameras from nearby businesses, traffic lights, or doorbell cameras can often capture the accident.
• Accident reconstruction: Experts can analyze physical evidence, vehicle damage, and other data to determine speed, impact points, and how the accident unfolded.
• Medical records: These document your injuries and their severity, which is crucial for proving the impact of the accident.
• Traffic laws: Understanding the specific Pennsylvania Vehicle Code sections relevant to both drivers and pedestrians/bicyclists is essential.

Without a complete picture, it is impossible to accurately assign fault. An insurance adjuster trying to place blame on you might not have all the facts, or they might be presenting facts in a way that benefits their company.

What Happens If You Are Partially At Fault?

Let us say the investigation shows that you were indeed partially at fault. Pennsylvania's modified comparative negligence rule (42 Pa. C.S. § 7102) comes into play. If a jury determines you were 25% at fault and the driver was 75% at fault, any amount awarded to you would be reduced by 25%. So, if the total amount found to be appropriate was $100,000, you would receive $75,000.

The crucial threshold is 50%. If your fault is found to be 51% or more, you would not be able to obtain any recovery. This is why accurately determining fault is so important. We work to ensure that any fault assigned to you is fair and based on concrete evidence, not just an insurance company's assertion.

Do not let an insurance company's early claims of your fault deter you. Many factors contribute to an accident, and the full story often reveals that multiple parties share some level of responsibility. Your focus should be on your recovery and health. We can handle the complex legal and investigative work.

The Deadline to File Your Claim: Statute of Limitations

It is important to understand that there is a strict time limit for filing a personal injury lawsuit in Pennsylvania. This is known as the statute of limitations. For most personal injury cases, including pedestrian and bicycle accidents, you generally have two years from the date of the accident to file a lawsuit. This rule is found in 42 Pa. C.S. § 5524.

If you miss this deadline, you will almost certainly lose your right to pursue a claim, regardless of how strong your case might be or how severe your injuries are. The insurance company knows these deadlines, and they may use delays to their advantage. Acting quickly allows your legal team to gather fresh evidence, speak with witnesses while memories are clear, and begin building a strong case on your behalf.

What to Do Next

If an insurance company claims you were at fault for a pedestrian or bicycle accident, you should speak with a Pennsylvania personal injury attorney as soon as possible. We can evaluate your case, investigate the facts, and protect your rights against an insurance company trying to deny your claim.

Serving injured Pennsylvanians in: Philadelphia · Pittsburgh · Harrisburg.

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Frequently Asked Questions

Does riding a bicycle against traffic automatically make the accident my fault?

No, riding a bicycle against traffic in Pennsylvania does not automatically make the accident entirely your fault. While it can be a factor, a driver still has a duty to drive safely and avoid collisions. Pennsylvania law allows for shared fault, meaning a jury can assign a percentage of responsibility to both parties.

What if I crossed the street outside of a crosswalk?

If you crossed the street outside a crosswalk as a pedestrian, and an insurance company uses this to claim you were at fault, it does not end your case. Drivers must still be vigilant for pedestrians. Your potential recovery may be reduced based on your percentage of fault, but only if it is 50% or less.

What is 'comparative negligence' in Pennsylvania?

Pennsylvania uses 'modified comparative negligence.' This means if you are found partly responsible for an accident, your ability to receive funds from the other party is reduced by your percentage of fault. If you are found to be more than 50% at fault, you generally cannot recover anything.

Can I still recover pain and suffering if I have limited tort insurance?

Yes, if you were a pedestrian or bicyclist injured by a motor vehicle, your limited tort election does not apply. Under 75 Pa. C.S. § 1705(d)(3), you can pursue a full recovery for all damages, including pain and suffering, without meeting the 'serious injury' threshold, provided you are not more than 50% at fault.

How long do I have to file a claim after a pedestrian or bicycle accident in Pennsylvania?

In Pennsylvania, the statute of limitations for most personal injury cases, including pedestrian and bicycle accidents, is two years from the date of the accident. This deadline is set by 42 Pa. C.S. § 5524, and it is crucial to act before it expires.

Should I talk to the insurance company if they are blaming me?

It is generally best to speak with a personal injury attorney before giving any detailed statements to the at-fault driver's insurance company, especially if they are trying to place blame on you. An attorney can protect your rights and ensure you do not inadvertently say anything that could harm your case.

Serving injured Pennsylvanians in: Philadelphia · Pittsburgh · Harrisburg.