What Determines the Outcome of a Pennsylvania Pedestrian or Bicycle Accident Case?

Being hit by a car while walking or riding a bike can be a terrifying experience. You might be dealing with painful injuries, mounting medical bills, and an insurance adjuster who seems more interested in saving their company money than helping you.

Many factors come into play after a pedestrian or bicycle accident. We know you need clear information about what to expect.

Understanding Your Injuries and Their Impact

One of the most important things we look at in a pedestrian or bicycle accident case is the nature and extent of your injuries. Simply put, more severe injuries often lead to more extensive and costly medical care. This can include emergency room visits, surgeries, hospital stays, physical therapy, and long-term rehabilitation.

Beyond the immediate medical costs, we also consider how your injuries affect your life. Can you go back to work? Are you able to do the things you once enjoyed, like hobbies or spending time with family? Serious injuries can lead to lost wages, a reduced ability to earn money in the future, and a diminished quality of life. These are all important parts of what we evaluate.

For example, a broken bone that heals quickly might require different considerations than a traumatic brain injury or a spinal cord injury that causes permanent disability. We work to understand the full picture of how your injuries have changed your life, both now and in the years to come.

Establishing Fault in a Pedestrian or Bicycle Accident

Who was at fault for the accident is critical. In Pennsylvania, even if you are partially at fault, you may still be able to obtain something for your injuries, but there are limits. Our state uses a rule called modified comparative negligence, found in 42 Pa. C.S. § 7102.

Under this rule, if you are found to be 50% or less responsible for the accident, you can still seek a recovery. However, the amount you can obtain will be reduced by your percentage of fault. For example, if your injuries total $100,000 and you are found to be 20% at fault, you could potentially receive $80,000. If you are found to be more than 50% at fault, you cannot receive any money for your injuries under Pennsylvania law.

This means gathering strong evidence to prove the other driver's negligence is extremely important. We look for police reports, witness statements, traffic camera footage, accident reconstruction reports, and even cell phone records if distracted driving is suspected. Our goal is to show clearly how the driver's actions caused your injuries.

The Role of Insurance Policies

The insurance policies involved also play a significant role. This includes the at-fault driver's liability insurance, your own car insurance (if you have it), and sometimes other policies like uninsured/underinsured motorist (UM/UIM) coverage.

Pennsylvania law requires minimum liability coverage. For example, the minimum bodily injury coverage required is $15,000 per person and $30,000 per accident. If the at-fault driver has only these minimum limits and your injuries are very severe, their policy might not cover all your losses. In such cases, your own UM/UIM policy can become crucial. This coverage is designed to protect you when the at-fault driver has no insurance or not enough insurance.

We carefully review all available insurance policies to understand the potential sources of money to address your medical bills, lost wages, and other losses. Dealing with insurance companies can be complex, and they often try to minimize what they pay out. Having experienced legal help can make a big difference in navigating these discussions.

Limited Tort and Full Tort in Pennsylvania

Pennsylvania car insurance policies come with either "limited tort" or "full tort" options. This choice affects your ability to recover for "pain and suffering" and other non-economic losses.

• Limited Tort: If you chose limited tort, you generally cannot recover for pain and suffering unless your injuries meet a "serious injury" threshold as defined by law. This threshold can be difficult to meet.
• Full Tort: If you chose full tort, you can seek full recovery for all damages, including pain and suffering, regardless of the severity of your injuries.

However, there are important exceptions, or "carve-outs," to the limited tort rule that apply specifically to pedestrian and bicycle accidents. If you are injured as a pedestrian or a bicyclist, and you chose limited tort on your own car insurance policy, you are automatically considered to have full tort rights in certain situations, regardless of the severity of your injuries. This means you can pursue claims for pain and suffering.

One key exception is found in 75 Pa. C.S. § 1705(d)(3). This statute states that an individual otherwise bound by limited tort election is not subject to the limited tort option if the injury arises out of the maintenance or use of a motor vehicle by a person other than an owner or registrant of the motor vehicle or a motor vehicle insured under a policy of motor vehicle insurance in which the limited tort option has been elected. This often applies in pedestrian or bicycle accident situations where you were not operating your own insured vehicle.

Another important carve-out allows you to bypass limited tort if the at-fault driver was under the influence of alcohol or drugs. This exception is detailed in 75 Pa. C.S. § 1705(d)(1)(i).

We investigate whether any of these exceptions apply in your case to ensure you have the best possible chance to obtain full compensation for your suffering.

The Pennsylvania Statute of Limitations

Time is a critical factor in any personal injury case, including pedestrian and bicycle accidents. In Pennsylvania, there is a strict deadline for filing a lawsuit, known as the statute of limitations. For most personal injury claims, this deadline is two years from the date of the accident. This rule is set out in 42 Pa. C.S. § 5524.

If you do not file your lawsuit within this two-year period, you will almost certainly lose your right to pursue the claim, no matter how strong your case. Two years might seem like a long time, but it passes quickly, especially when you are focused on healing. Investigating an accident, gathering medical records, and negotiating with insurance companies all take time. It is important to act quickly to protect your rights.

What to Do Next

If you have been hurt in a pedestrian or bicycle accident in Pennsylvania, you are facing a difficult situation. Understanding the different factors that can affect your case is important. We offer a free, no-obligation consultation to discuss your specific situation. This allows us to review the details of your accident, explain your rights, and help you understand your options without any upfront cost to you.

Serving injured Pennsylvanians in: Philadelphia · Pittsburgh · Harrisburg.

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Frequently Asked Questions

What medical costs can be considered in a pedestrian or bicycle accident case?

We consider all medical expenses, from emergency care and hospital stays to surgeries, physical therapy, prescription medications, and any necessary long-term care or specialized equipment. These costs are a major part of understanding the total impact of your injuries.

How does my own insurance affect a pedestrian or bicycle accident claim in Pennsylvania?

Your own car insurance, if you have it, can be very important. It might provide medical benefits coverage, and if the at-fault driver has insufficient insurance or no insurance, your Uninsured/Underinsured Motorist (UM/UIM) coverage can step in to protect you.

What if I was partially at fault for the accident?

In Pennsylvania, you can still pursue a claim if you are 50% or less responsible for the accident. However, any amount you might be able to obtain will be reduced by your percentage of fault. If you are found to be more than 50% at fault, you cannot receive money for your injuries.

What is the difference between limited tort and full tort for pedestrians and bicyclists?

While your car insurance choice of limited or full tort usually affects your ability to obtain money for pain and suffering, specific exceptions exist for pedestrians and bicyclists. Under 75 Pa. C.S. § 1705(d)(3), many injured pedestrians and bicyclists are automatically granted full tort rights, allowing them to pursue claims for pain and suffering regardless of their own policy choice. Another carve-out applies if the at-fault driver was intoxicated, under 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 rule is that you have two years from the date of the accident to file a personal injury lawsuit. This is known as the statute of limitations, and it is found in 42 Pa. C.S. § 5524. Missing this deadline can mean losing your right to pursue your claim.

What evidence is important to collect after a pedestrian or bicycle accident?

Collecting evidence immediately after an accident is crucial. This includes photos of the accident scene, your injuries, and any damage to your bike or clothing. Also, gather contact information for witnesses, details from the police report, and all your medical records related to the accident.

Serving injured Pennsylvanians in: Philadelphia · Pittsburgh · Harrisburg.