FAQs About Pedestrian Accidents in PA
Did you know that the most frequent types of auto accidents in Pennsylvania are pedestrian accidents? This is obvious from the shocking statistics on pedestrian accidents in PA that continue to soar every year. In 2013, a total of 151 pedestrians died in Pennsylvania because of auto accidents and this figure increased to 166 the following year—2014. In both these years, drunk driving was reported to be the leading cause at 49 percent of all fatal pedestrian accidents. Other causes include the drivers lack of focus on the road or failure to yield to pedestrians crossing the road.
Pedestrian accidents can occur anywhere—in parking lots, on sidewalks, and at crosswalks. Since pedestrian accidents in PA are unbelievably common, it is important that all pedestrians are well aware of the laws and legal rights in case they get severely injured in an auto accident. It’s crucial to have a good understanding about your legal rights because when vehicles strike pedestrians, devastating injuries and repercussions can occur. So, continue reading to get the answers to all the frequently asked questions about pedestrian accidents in PA.
It’s crucial to have a good understanding about your legal rights because when vehicles strike pedestrians, devastating injuries and repercussions can occur. So, continue reading to get the answers to all the frequently asked questions about pedestrian accidents in PA.
1. Who Pays the Medical Bills after a Pedestrian Accident?
Pedestrian car accidents can result in severe injuries, such as broken bones, brain injuries and spinal damage which may require costly medical treatments and sometimes even surgeries. Therefore, in Pennsylvania, a special law applies to protect pedestrians. The law ensures that the medical bills of the injured pedestrian are covered up to the amount covered under an applicable auto insurance policy. Also, under the PA law, an injured pedestrian who has been hit by an auto vehicle can seek medical coverage by filing for a Personal Injury Protection (PIP) claim. Here’s how Pennsylvania’s personal injury protection coverage law is laid out:
- Your own insurance company
- Your parent’s or spouse insurance company
- The insurance company of the negligent vehicle driver
This means that if the pedestrian has their own car insurance policy, then they can make a claim under that policy. However, if they don’t have it and are not covered under someone else’s policy as a household member, then the vehicle driver who is involved in the pedestrian accident shall cover the claim. This is the order for medical coverage in Pennsylvania.
2. What Does a Personal Injury Protection Claim in Pennsylvania Cover?
PIP claim covers medical expenses, lost wages due to missed days at work, out-of-pocket expenses and in case of wrongful death, it also covers funeral expenses.
Although under the PA law, $5000 per person is the minimum policy requirement, some people often purchase higher coverage amount like $10,000. Therefore, the maximum coverage depends on the policy amount.
However, if PIP benefits run out, then the pedestrian has the right to file a lawsuit against the negligent driver and get compensated.
3. What is the Role of Bodily Injury Liability Coverage?
If you file a lawsuit against the negligent driver, then the financial compensation in such lawsuits that come from the insurance company of the driver at fault is via bodily injury liability claims. Here is how it works:
In PA, every registered car owner needs to buy auto insurance. And one of the mandatory coverage is the bodily injury liability coverage. This coverage basically applies if the injuries to the pedestrian are caused by the insured driver.
The minimum amount in PA for bodily injury liability coverage is $15000/person and maximum of $30000/accident.
4. Why Should I Hire a Pedestrian accident lawyer in PA?
If you’ve been injured in a pedestrian accident, it’s advisable to hire an experienced lawyer to fight your case. By hiring a pedestrian accident lawyer in PA, you can significantly increase your chances of getting compensated, especially if you believe the driver was at fault. If negligence was a factor in the accident, then you could be entitled to much more compensation than the insurance company offers. A lawyer can protect your rights and get you a fair compensation that you rightfully deserve. They can level the playing field with the insurance company.
5. How Much Time do I have to File a Lawsuit Claim?
The statute of limitations is the time window that that you have to file a lawsuit. This time frame varies in each state. However, in Pennsylvania it is at 2 years. This means that you have 2 years starting from the date of the accident to file a lawsuit against the negligent driver who caused you the injuries. Keep in mind that if you fail to take action in a timely manner, then your right to claim shall be forever barred.
6. What is My Case Worth in Pennsylvania?
It is important to understand that every pedestrian accident-related case is fact specific. Therefore, to determine the case’s worth, an in-depth investigation must be conducted and the details of the case must be carefully reviewed. And this is what our seasoned pedestrian accident lawyer in PA can help you with. We, at Cherry Injury Law, work one-on-one with every client and investigate every case thoroughly to establish a strong case and liability against the party at fault. We strive to get you the compensation that you’re entitled for.
For more information on pedestrian accidents in PA or case representation, get in touch with us today. We are here to help you.