Why Pedestrian Accident Claims in Pennsylvania Are Tougher Than You Think

Hiring the Right Pedestrian Accident Lawyer Can Make or Break Your Claim

Navigating a pedestrian accident case in Pittsburgh comes with its own set of challenges. The city’s narrow streets, blind corners, and poorly marked intersections can contribute to crashes, but also create ambiguity in fault determination.

Accidents near universities, hospitals, and downtown corridors often occur in areas with heavy foot traffic and confusing signal timing. Some intersections lack adequate signage or lighting, while others may be subject to ongoing construction.

After a pedestrian is hit by a car, it’s natural to assume the driver will be held responsible and the victim will be compensated quickly. But pedestrian accident claims in Pennsylvania — especially in cities like Pittsburgh — are rarely that simple. Despite serious injuries and clear damage, injured pedestrians often face challenges at every stage of the claims process, from proving fault to securing a fair insurance payout.

Understanding these challenges is the first step toward protecting one’s rights. A Pittsburgh pedestrian accident lawyer with experience in these cases can provide critical support and guidance throughout the process.

Proving Fault Isn’t Always Straightforward

In pedestrian accidents, liability may seem obvious, but Pennsylvania law doesn’t automatically side with the person on foot. The state follows a modified comparative negligence system, which means that compensation can be reduced or denied if the pedestrian is found to be even partially at fault.

Insurance companies frequently argue that the pedestrian was not in a crosswalk, crossed against the signal, was wearing dark clothing at night, or wasn’t paying attention. In many cases, initial police reports are incomplete or based solely on the driver’s version of events. That makes early legal intervention critical. Securing surveillance footage, locating witnesses, and preserving scene evidence can make the difference in establishing the driver’s fault.

Medical Documentation Can Be More Complicated Than Expected

Pedestrian crashes often result in severe injuries, ranging from broken bones to traumatic brain injuries and internal damage. Victims are often transported by ambulance, hospitalized, and then referred to multiple specialists over the course of their recovery. This results in complex medical records spread across multiple providers.

When insurance companies review these records, they may seize on small inconsistencies or gaps to dispute the severity of the injury or question ongoing treatment. For a pedestrian trying to focus on healing, assembling this information can be overwhelming.

This is one of the key ways a lawyer can assist—by organizing, analyzing, and presenting medical documentation in a way that clearly connects the injuries to the accident and demonstrates the long-term impact.

Insurance Coverage Is Often Inadequate or Disputed

Even when the fault is clear and the injuries are well-documented, securing compensation can be a complex process. In many cases, the at-fault driver carries only the minimum required liability insurance under Pennsylvania law, which may not cover the full extent of the damages.

Pedestrians may need to pursue multiple sources of compensation. This can include:

• Personal Injury Protection (PIP): Often limited and may only apply if the pedestrian owns a vehicle with coverage.
• Liability Insurance from the Driver: Frequently minimal and often contested.
• Uninsured/Underinsured Motorist Coverage (UM/UIM): May be available through the pedestrian’s own auto insurance policy.
• Health Insurance: May cover treatment, but insurers often seek reimbursement from any settlement.

Sorting through these coverage layers requires a deep understanding of insurance policy language and Pennsylvania claim procedures. A pedestrian accident attorney in Pittsburgh can help ensure that no source of compensation is overlooked.

The Defense Will Try to Shift Blame

Even when a pedestrian suffers obvious harm, the defense will often attempt to reduce their liability by blaming the victim. This can take many forms, from suggesting the pedestrian was distracted to claiming they crossed mid-block or wore dark clothing.

These strategies are designed to capitalize on Pennsylvania’s comparative negligence laws. If the pedestrian is found more than 50% at fault, they recover nothing. Even if they are only 20% at fault, their compensation is reduced by that percentage.

Challenging these arguments requires a thoughtful legal response. An experienced attorney can reconstruct the accident, consult with experts, and present compelling evidence to counter these common tactics.

Trial Experience Can Make or Break the Case

Insurance companies often downplay pedestrian injury claims, especially when the victim doesn’t have a lawyer. Even with clear medical evidence and strong facts, they may offer far less than what the case is truly worth, hoping the injured person will take it.

That’s where trial experience makes the difference. When the other side knows your lawyer is prepared to take the case to court — and win — they’re far more likely to negotiate fairly. Every case is built with litigation in mind, which helps protect your options and maximize your recovery.

If you were hit by a car in Pittsburgh or anywhere in Allegheny County, get the legal support you need. Contact us to schedule a free consultation with a Pittsburgh pedestrian accident lawyer from Romanow Law Group. There’s no fee unless compensation is recovered.

"We highly recommend Romanow Law Group for their compassion, professionalism, dedication, work ethic, and sharp insight. Romanow exemplifies what it means to have a trustworthy team — when dealing with matters of this nature, it’s crucial to know they have your best interests at heart, not their own. David and his team demonstrated this from the beginning of our case to the very end. We trusted them to guide us and keep us informed every step of the way. They never told us what to do but instead presented us with our options and allowed us to make our own decisions. In the end, we achieved an outcome even better than we expected. We are incredibly appreciative of their efforts and beyond thankful for David and his exceptional team for the work they put in for me and my girlfriend." - Kayona S., ⭐⭐⭐⭐⭐