Limited Tort and Pedestrian or Bicycle Accidents in Pennsylvania

Being involved in a pedestrian or bicycle accident can turn your life upside down in an instant. Medical bills can pile up quickly, and the insurance adjuster might be pressuring you to accept a low offer.

Many people in Pennsylvania choose "limited tort" on their car insurance policy to save money on premiums. This choice affects your rights if you are in a car accident. But what happens if you are not in a car at all? Does your limited tort election still apply if you were walking or riding a bicycle when the accident happened?

Understanding Limited Tort in Pennsylvania

In Pennsylvania, when you buy car insurance, you must choose between "full tort" and "limited tort." This choice affects your right to pursue compensation for pain and suffering after an accident. With full tort, you can seek money for all your injuries, including pain and suffering, no matter how minor. With limited tort, your ability to seek money for pain and suffering is restricted unless your injuries meet a "serious injury" threshold, or a specific exception applies.

Limited tort is a way to reduce your insurance premiums. However, it can significantly limit your ability to recover the full scope of damages if you are injured in an accident. This restriction typically applies when you are in a vehicle covered by your limited tort policy.

Limited Tort When You Are Not in a Car

The good news for pedestrians and cyclists is that Pennsylvania law provides specific protections. Generally, your limited tort election does not apply to you if you are injured as a pedestrian or while riding a bicycle. This is a very important distinction that many people do not realize.

Specifically, Pennsylvania's Motor Vehicle Financial Responsibility Law, 75 Pa. C.S. § 1705(d)(3), states that the limited tort option does not apply to a person who is injured while an occupant of a motor vehicle that is not a tort option election vehicle. More relevant to this discussion, the law provides that limited tort does not apply if you are injured while a pedestrian or while riding a bicycle, motorcycle, or other vehicle not registered under the Vehicle Code, if you are not covered under a policy containing the limited tort option.

While the statute's wording can be complex, the key takeaway for you is this: if you were hit by a car while walking or cycling, your limited tort election from your personal car insurance policy often does not stop you from seeking full compensation for your pain and suffering. This means you may be able to pursue a claim for non-economic damages, such as pain, suffering, and loss of life's pleasures, without needing to prove a "serious injury."

Why This Distinction Matters for Pedestrians and Cyclists

When you are involved in a pedestrian or bicycle accident, your injuries can be severe. Unlike occupants of a vehicle, pedestrians and cyclists have little protection in a collision with a car. This often leads to fractures, head injuries, internal injuries, and other serious harm.

If your limited tort election did apply, you would generally need to prove that your injuries met Pennsylvania's "serious injury" threshold to recover for pain and suffering. This can be a high bar to meet and often leads to disputes with insurance companies. However, because of 75 Pa. C.S. § 1705(d)(3), many injured pedestrians and cyclists are not subject to this limitation.

This means you may have a stronger case to recover for the full impact the accident has had on your life, not just your medical bills and lost wages. It allows you to seek justice for the physical and emotional distress you have endured.

Other Limited Tort Exceptions

It is also important to know that there are other exceptions to limited tort that might apply depending on the facts of your case. For example, if the at-fault driver was driving under the influence of alcohol or drugs, your limited tort election may not apply. This is outlined in 75 Pa. C.S. § 1705(d)(1)(i).

Other situations where limited tort might not apply include if the at-fault driver is from out of state, or if they are uninsured. Understanding all potential exceptions is vital to protecting your rights after an accident.

What to Do After a Pedestrian or Bicycle Accident

After a pedestrian or bicycle accident, your immediate focus should be on your health. Seek medical attention right away, even if you feel your injuries are minor. Some serious injuries, like concussions, might not be immediately obvious.

Once you are safe and have received medical care, consider taking these steps:

• Report the accident: Make sure law enforcement creates an official accident report.
• Gather information: If you are able, collect contact information from the at-fault driver and any witnesses. Take photos of the scene, vehicle damage, and your injuries.
• Do not give recorded statements: Insurance adjusters may try to get you to give a recorded statement. You are not required to do so, and it can be used against you.
• Understand deadlines: In Pennsylvania, there is a strict deadline for filing a personal injury lawsuit. This is known as the statute of limitations, which is generally two years from the date of the accident under 42 Pa. C.S. § 5524. If you miss this deadline, you may lose your right to pursue compensation.

Dealing with the aftermath of an accident, especially a pedestrian or bicycle accident, can be overwhelming. Insurance companies often try to settle cases quickly and for the lowest possible amount. They may not fully explain your rights, especially regarding your limited tort election.

Seeking Legal Guidance

Navigating the legal complexities of a personal injury claim, particularly with Pennsylvania's unique limited tort laws, requires skilled legal help. Our firm understands the challenges you face as a pedestrian or cyclist injured in an accident. We are here to help you understand your rights and work to achieve the best possible outcome for your case.

We work to protect your interests, deal with the insurance companies on your behalf, and fight for the compensation you deserve. We know how to apply the law, including 75 Pa. C.S. § 1705(d)(3), to your specific situation to determine how your limited tort election impacts your claim.

What to Do Next

If you have been injured in a pedestrian or bicycle accident in Pennsylvania, contact a knowledgeable personal injury attorney at our firm for a free consultation. We can assess your situation and explain how Pennsylvania law applies to your claim.

Serving injured Pennsylvanians in: Philadelphia · Pittsburgh · Harrisburg.

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Frequently Asked Questions

What is limited tort in Pennsylvania?

Limited tort is an option on your car insurance policy that lowers your premium. In exchange, it restricts your ability to sue for pain and suffering after a car accident, unless your injuries meet a "serious injury" definition or certain exceptions apply.

Does limited tort apply if I was hit as a pedestrian?

Generally, no. If you were injured as a pedestrian, your limited tort election from your car insurance policy often does not apply. This means you may be able to seek full compensation for pain and suffering.

Does limited tort apply if I was hit while riding my bicycle?

Typically, your limited tort election does not apply if you were injured while riding a bicycle. Pennsylvania law provides exceptions for pedestrians and cyclists, allowing them to pursue full compensation for damages.

What Pennsylvania law addresses limited tort for pedestrians and cyclists?

The relevant Pennsylvania law is 75 Pa. C.S. § 1705(d)(3). This statute outlines specific situations where the limited tort option does not apply, including injuries sustained as a pedestrian or while riding a bicycle.

What if the at-fault driver was drunk? Does limited tort still apply?

If the driver who caused your accident was under the influence of alcohol or drugs, your limited tort election typically does not apply. This is another important exception under Pennsylvania law, found at 75 Pa. C.S. § 1705(d)(1)(i).

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

In Pennsylvania, the general deadline for filing a personal injury lawsuit is two years from the date of the accident. This is known as the statute of limitations, under 42 Pa. C.S. § 5524. It is important to act quickly to protect your legal rights.

Serving injured Pennsylvanians in: Philadelphia · Pittsburgh · Harrisburg.