Hit by a Vehicle While Walking in Pittsburgh?
Seven pedestrians were killed on Pittsburgh streets in 2023 — roughly a third of all traffic deaths in the city. Pittsburgh's steep hillside neighborhoods, 446 bridges, narrow sidewalks, and complex intersections make walking here more dangerous than in most American cities. Pennsylvania gives you two years to file a personal injury lawsuit, and as a pedestrian, you are exempt from the limited tort restriction that applies to drivers. Here's what to do right now.
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Key Takeaways
- Stay still unless you are in immediate danger of being hit again and call 911 — pedestrian accidents commonly cause broken bones, head trauma, spinal injuries, and internal bleeding, and moving can make injuries worse.
- Pennsylvania's statute of limitations gives you two years from the date of the accident to file a personal injury lawsuit (42 Pa. Cons. Stat. § 5524), but pedestrian injuries are often severe and the legal process should begin well before the deadline.
- As a pedestrian, you are exempt from Pennsylvania's limited tort restriction — even if the driver who hit you has limited tort coverage, you can recover full damages including pain and suffering without meeting any injury threshold.
- Under Pennsylvania's modified comparative fault rule (42 Pa. Cons. Stat. § 7102), even jaywalking does not automatically bar your claim — you can still recover if you are less than 51% at fault, but at 51% or more, you recover nothing.
- Seven pedestrians were killed in Pittsburgh in 2023, and a pedestrian is struck by a vehicle approximately every 34 hours in the city. Ten percent of Pittsburgh's streets account for 83% of serious-injury crashes and 78% of roadway fatalities.
- Do not give a recorded statement to the driver's insurance company — they will try to argue you were jaywalking, distracted, not in a crosswalk, or wearing dark clothing to shift blame and minimize your claim.
Call 911 and Don't Move Unless You Have To
If you've been struck by a vehicle, stay still unless you're in immediate danger of being hit again. Pedestrian accidents often cause serious injuries — broken bones, head trauma, spinal injuries, internal bleeding — and moving can make them worse.
Call 911 (or ask someone nearby to call). Under Pennsylvania law (75 Pa. Cons. Stat. § 3746), any accident involving injury must be reported to law enforcement. Let emergency responders assess your condition and transport you to the hospital if needed.
Even if you think your injuries are minor, do not decline medical transport. Adrenaline masks pain for hours or even days. Concussions, internal bleeding, and spinal injuries may not show symptoms immediately.
Identify the Driver and Document the Scene
If you're physically able, get the driver's name, phone number, insurance information, license plate number, and driver's license number. If the driver tries to leave, write down whatever you can — plate number, vehicle make and model, color, direction of travel.
Use your phone to photograph everything: the intersection or street where it happened, traffic signals or signs, the vehicle that hit you, your injuries, skid marks, road conditions, and any sight-line obstructions. Pittsburgh's narrow streets, steep grades, and bridge approaches can create visibility issues that are important to document.
Ask any witnesses for their names and phone numbers. In a city with as much foot traffic as Pittsburgh's Downtown, Strip District, Oakland, and South Side, there are often witnesses who saw what happened. Their testimony can be critical in disputed fault situations.
Get Medical Attention Within 24 Hours
If you weren't transported by ambulance, go to an emergency room or urgent care within 24 hours. Pedestrian impact injuries are frequently more severe than they initially feel — traumatic brain injuries, pelvic fractures, torn ligaments, and internal organ damage often present delayed symptoms.
UPMC Presbyterian is a Level I Trauma Center and the region's premier facility for critical injuries. Allegheny General Hospital (Allegheny Health Network) also operates as a Level I Trauma Center. UPMC Mercy, UPMC Shadyside, and St. Clair Hospital provide additional emergency and urgent care options throughout the Pittsburgh metro.
Keep every medical record, every doctor's note, every receipt, and every prescription. If you miss work, document the days and lost income. These records form the foundation of your injury claim and connect your injuries directly to the accident.
Understand Your Rights as a Pedestrian in Pennsylvania
Pennsylvania is a choice no-fault state for drivers, but pedestrians get a significant advantage: you are exempt from the limited tort restriction. Even if the driver who hit you chose limited tort on their auto insurance policy, that restriction does not apply to you as a pedestrian. You have the full right to sue for all damages, including pain and suffering, emotional distress, and loss of enjoyment of life.
This exemption exists because pedestrians did not choose a cheaper insurance option to limit their legal rights. It's one of the most important protections in Pennsylvania law for people hit while walking.
You can also make a first-party claim against your own auto insurance (if you have one) for PIP (Personal Injury Protection) benefits, which will pay your medical bills regardless of fault. If you don't have auto insurance, you rely entirely on the at-fault driver's liability coverage.
File a Police Report
If the police responded to the scene, they'll generate a report automatically. If they didn't respond, you should file a report with the Pittsburgh Bureau of Police or the Pennsylvania State Police within five days.
To obtain a copy of a Pittsburgh police crash report, request it from the Pittsburgh Bureau of Police Records Unit at 1 Smithfield Street. Reports typically take 5 to 10 business days. You can also request Pennsylvania crash reports online through PennDOT's BuyACrashReport.com. Reports cost $20.
The police report is a critical piece of evidence. It documents the officer's observations, witness statements, the driver's statements, road conditions, and often includes an initial assessment of fault. If the driver received a citation (running a red light, failure to yield to a pedestrian in a crosswalk), that strengthens your claim significantly.
Do NOT Give a Recorded Statement to the Driver's Insurance
The at-fault driver's insurance company will contact you quickly — often within 24 to 48 hours. They may sound friendly and sympathetic. They are not on your side. Their goal is to settle your claim for as little as possible.
Insurance adjusters handling pedestrian claims will aggressively look for ways to assign fault to you: Were you in a crosswalk? Were you jaywalking? Were you looking at your phone? Were you wearing dark clothing at night? Were you crossing against the signal? These questions are designed to build a comparative negligence defense.
You are not legally required to give them a recorded statement. Say: "I'm not prepared to give a statement at this time." Do not accept any early settlement offer — it will almost certainly be far below the actual value of your injuries, especially before you know the full extent of your medical treatment.
Understand Pennsylvania's Comparative Negligence Rule
Under Pennsylvania's modified comparative negligence rule (42 Pa. Cons. Stat. § 7102), you can recover damages as long as you were less than 51% at fault. Your award is reduced by your percentage of responsibility. If you were 20% at fault (for example, crossing mid-block instead of at a crosswalk) and your damages total $200,000, you would recover $160,000.
At 51% or more fault, you recover nothing. Insurance companies know this threshold and will try to push your fault percentage as high as possible. Having an attorney who can counter their arguments with evidence — traffic camera footage, witness testimony, intersection design defects — is critical.
Importantly, Pennsylvania law (42 Pa. Cons. Stat. § 7102(d)) prohibits seatbelt non-use from being considered in comparative negligence — and this principle extends to pedestrian cases in the sense that the insurance company cannot use unrelated safety choices to reduce your damages.
Talk to a Personal Injury Attorney
Pedestrian injury cases often involve severe injuries — traumatic brain injuries, spinal cord damage, multiple fractures, permanent disability — and the medical costs can be enormous. An experienced attorney can calculate the full lifetime cost of your injuries, including future medical care, lost earning capacity, and long-term pain and suffering.
Under Pennsylvania's Fair Share Act, each defendant is liable only for their share of fault. If a city road design defect contributed to the accident, both the driver and the government entity may be liable — but government claims require notice within six months. An attorney can identify all responsible parties and meet all procedural deadlines.
Most personal injury attorneys in Pittsburgh work on contingency. No upfront cost. Free initial consultation. You pay nothing unless they recover compensation for you.