Did you know that pedestrian accidents account for a disproportionate share of all auto accidents in Pennsylvania? The alarming trend in annual increases in pedestrian accidents observed in Pennsylvania serves as evidence of this. There has been a 21% rise in pedestrian fatalities in Pennsylvania during 2019. There has been a national increase in pedestrian deaths for almost a decade. The preliminary estimates for 2022 from the Governors Highway Safety Association are noteworthy. According to GHSA's data analysis, at least 7,508 pedestrians were killed in traffic accidents that year. This number is the highest it has been since 1981 and amounts to 20 deaths per day on average.
Pedestrian accidents can happen in a variety of locations, including parking lots, sidewalks, and crosswalks. The high frequency of pedestrian accidents in Pennsylvania underscores the importance of pedestrians knowing their rights in the case of serious injury. The injuries and effects sustained by pedestrians in automobile collisions are often catastrophic. Therefore, knowing your rights is extremely important. Continue reading the following article to obtain the answers to all frequently asked questions regarding pedestrian accidents in Pennsylvania.
Contact Brandon J. Broderick today for a free consultation if you have questions or need the assistance of a Pennsylvania pedestrian accident attorney.
Who Pays for Medical Bills Following a Pedestrian Accident In Pennsylvania?
Generally speaking, Pennsylvania law permits a pedestrian who has been injured to file two claims. The first is a first party claim, which is an auto insurance claim for specific benefits such as medical bills, lost wages, and domestic help costs. This sort of claim is filed with the victim's own auto insurance company.
In the majority of cases, a pedestrian who has been injured will file a claim for first party benefits, also known as PIP or personal injury protection, through their own auto insurance policy, if they have one, the policy of a family member, or the policy of the vehicle that hit them.
In other words, if a pedestrian is injured and possesses a vehicle with insurance or is covered by a family member's policy, they can file a claim under their own policy. If a pedestrian is injured but does not have their own policy and is not covered by another policy, they may file a claim under the policy of the vehicle involved in the accident. The majority of pedestrian accident cases in Pennsylvania involve these two scenarios.
In addition to a first party claim, a pedestrian who has been injured can also file a third party claim. This claim is essentially a personal injury claim against the negligent party, who in the vast majority of cases is the driver who caused the accident. However, there may be viable legal claims against other parties, such as a business, the city/township where the accident occurred, or a third party for negligent entrustment, in certain instances.
In addition to a claim against the motorist at fault and/or another party, such as a business, a pedestrian who has been injured may also file an Underinsured Motorist claim. This claim is comparable to a first-party claim because it is filed under the pedestrian's or a family member's auto insurance policy. This UIM coverage is optional, however. An experienced PA pedestrian accident attorney at Brandon J. Broderick can help you discuss your case and available options today.
How Much Compensation Can an Injured Pedestrian Receive in Pennsylvania?
Claims for PIP Compensation
Pedestrians who file PIP claims for medical benefits do not receive direct compensation. Instead, the automobile insurer compensates the medical providers directly. In the case of a claim for lost wages, the injured party would receive a payment directly from the insurance company. This is subject to statutory and policy-mandated waiting periods and monthly maximums. The maximum permitted under the PIP policy is contingent on the amount of coverage purchased. The amount available for lost wages varies by policy, and some individuals have declined coverage for anything other than medical expenses.
Although Pennsylvania law mandates a minimum policy of $5,000 per person, many people elect for higher amounts, such as $10,000. Consequently, the maximum coverage depends on the amount of the policy.
However, if PIP benefits expire, the pedestrian may sue the negligent driver for compensation.
Compensation Obtained Through Legal Claims Against Negligent Parties
Compensation from legal claims against negligent parties come directly from the involved insurance companies. Injured parties in a car accident case, such as a pedestrian accident case, are frequently surprised to discover that they will be compensated by an insurance policy. This is how insurance works, regardless of whether the policy is for an automobile or a business. The policy itself protects the policyholder against negligent conduct.
In a pedestrian accident claim, the negligent behavior would constitute a claim against the motorist, activating the driver's auto insurance policy. As discussed previously, if a party other than the motorist is negligent, that party's insurance policy would also be activated.
Compensation From a Negligent Motorist
If you file a lawsuit against the negligent driver, the negligent driver's insurance company will compensate you financially through bodily injury liability claims. Here is how it works:
In Pennsylvania, every registered vehicle owner must purchase auto insurance. One of the required coverages is bodily injury liability coverage. This coverage applies if the insured driver caused the pedestrian's injuries.
In Pennsylvania, the minimum bodily injury liability coverage limits are $15,000/person and $30,000/accident.
Brandon J. Broderick Will Assist You With Your Pennsylvania Pedestrian Accident Claim Today
Any type of accident can have a negative effect on your life, particularly if you are injured. In a pedestrian accident, the likelihood of this is even greater. Your physical and mental health, as well as your financial standing, are at risk, which can cause severe anxiety. We have fought for our clients' rights against insurance companies and other attorneys for years.
The firm of Brandon J. Broderick places a high value on client care and excellent outcomes, which has earned us a reputation as one of the top pedestrian accident attorneys in Pennsylvania. You can rely on us to do everything possible to improve the situation. After being injured as a result of someone else's negligence, people just like you have turned to us for assistance. Contact us today for a free consultation. We are looking forward to helping you.