FREE CONSULTATION Pedestrian Accidents Involving Distracted Drivers: Legal Options
Pedestrian accidents often lead to serious injuries, and when a distracted driver is involved, the consequences can be even more devastating. In Pennsylvania, distracted driving has become a growing concern, especially in urban and suburban areas where foot traffic is high. For pedestrians struck by distracted drivers, the road to recovery is often long, painful, and expensive. Understanding your legal options can help you make informed decisions if you or someone you love is injured in one of these incidents.
What Counts as Distracted Driving?
Distracted driving includes any activity that takes the driver’s attention off the road. Texting is the most well-known example, but it’s not the only one. Distractions can be visual, manual, or cognitive. That means anything from adjusting the radio to eating, using GPS, or talking to passengers can become dangerous.
In Pennsylvania, it’s illegal to text while driving. This law is in place to reduce the number of accidents caused by inattention behind the wheel. Unfortunately, not all drivers follow the rules. When they don’t, pedestrians are among the most vulnerable.
Pedestrians Are at Higher Risk
Unlike drivers and passengers in vehicles, pedestrians have no physical protection in a collision. Even at lower speeds, being hit by a car can cause broken bones, head trauma, spinal injuries, and other serious medical issues. Many victims face months of medical treatment and physical therapy, along with missed work and financial stress.
In many cases, the injuries are life-changing. Victims may lose mobility, suffer from chronic pain, or develop psychological conditions such as post-traumatic stress disorder. These challenges underscore the importance of holding negligent drivers accountable.
Proving Fault in a Distracted Driving Pedestrian Accident
To recover damages in a personal injury claim, you must show that the driver was negligent. In cases involving distracted driving, proving that the driver was not paying full attention to the road is key. This can involve:
- Phone records showing texting or calls at the time of the crash
- Eyewitness statements
- Traffic or security camera footage
- Police reports citing driver distraction
- Admissions by the driver after the accident
Your attorney will gather and evaluate all available evidence to build a strong case. Pennsylvania uses a comparative negligence system, which means your compensation can be reduced if you were partially at fault—for example, if you crossed the street outside a crosswalk. However, as long as you were less than 51% at fault, you can still recover damages.
Compensation You May Be Entitled To
If a distracted driver caused your injuries, you may be eligible for several types of compensation. These often include:
- Medical expenses, including emergency care, surgeries, and rehabilitation
- Lost wages due to time off work
- Future loss of earning potential if you’re unable to return to your job
- Pain and suffering
- Emotional distress
- Long-term care costs if your injuries require ongoing support
In cases involving reckless behavior or extreme negligence, punitive damages may also be awarded. These are meant to punish the wrongdoer and discourage others from similar actions.
Time Limits for Filing a Claim in Pennsylvania
Pennsylvania law sets a time limit, or statute of limitations, for filing a personal injury lawsuit. In most cases, you have two years from the date of the accident to file a claim. If you miss this deadline, you may lose the right to seek compensation.
It’s best to consult with a personal injury attorney as soon as possible after the accident. The earlier your legal team can start investigating, the better your chances of gathering strong evidence and protecting your rights.
What If the Driver Wasn’t Cited?
Sometimes, a distracted driver may not be ticketed or arrested, especially if the distraction wasn’t obvious at the scene. That doesn’t mean you can’t pursue a claim. Civil cases have a lower burden of proof than criminal cases. Your attorney can work with investigators to uncover evidence even if the driver wasn’t charged.
Even if the driver denies being distracted, there may be indirect ways to prove it. For example, if they didn’t brake before impact, it could suggest they weren’t paying attention.
Uninsured or Underinsured Drivers
Not every driver has adequate insurance. If the person who hit you is uninsured or lacks sufficient coverage, you may still have options. If you carry uninsured/underinsured motorist coverage as part of your own auto insurance policy, it may apply—even though you were on foot. An experienced attorney can help you understand your policy and what coverage may be available to you.
How a Lawyer Can Help
Personal injury attorneys understand how to navigate complex pedestrian accident cases. They can manage communication with insurance companies, gather critical evidence, and negotiate for fair compensation. Insurance companies often try to minimize payouts, and having legal representation levels the playing field.
Your attorney will also handle all the legal paperwork and deadlines, so you can focus on your recovery. Most personal injury law firms work on a contingency basis, meaning you don’t pay unless they win your case.
Taking the Next Step After a Distracted Driving Accident
If you were hit by a distracted driver in Pennsylvania, the physical, emotional, and financial toll can be overwhelming. But you don’t have to go through it alone. Legal support can make a meaningful difference in the outcome of your case. The law is on your side, and with the right help, you can hold the at-fault driver accountable and recover the compensation you deserve.
Don’t wait to seek help. Speaking with a lawyer early in the process ensures your rights are protected and gives you the best chance at a full recovery—physically and financially.