Who Pays the Medical Bills for PA Pedestrians or Bicyclists Hit by a Car or Truck?

Medical Bill Coverage for Pedestrians and Cyclists in Pennsylvania

Being struck by a car or truck as a pedestrian or cyclist is one of the most dangerous and devastating accident scenarios — and the question of who pays for medical treatment is an important one. Pennsylvania law provides specific protections for pedestrians and cyclists who are injured by motor vehicles, including access to first-party medical benefits even for people who don’t own a car.

First-Party Benefits for Pedestrians and Cyclists

Under Pennsylvania’s Motor Vehicle Financial Responsibility Law (MVFRL), a pedestrian or cyclist injured by a motor vehicle is entitled to first-party medical benefits from the auto insurance of the involved vehicle. Specifically:

• If you were struck by a vehicle and the driver has auto insurance, their first-party benefits coverage pays your initial medical expenses, regardless of fault
• If you have your own auto insurance policy (even if you weren’t in a vehicle at the time), your own first-party benefits apply
• If you live with a family member who has auto insurance, their policy may provide first-party benefits coverage for your injuries
• If none of the above apply, Pennsylvania has a fund — the Pennsylvania Assigned Claims Plan — that provides a source of first-party benefits for uninsured pedestrians and cyclists with no access to auto coverage

Third-Party Liability Coverage

In addition to first-party benefits for immediate medical expenses, you are entitled to pursue a liability claim against the driver who hit you for the full extent of your damages — including medical bills, lost wages, and pain and suffering. Pedestrians and bicyclists are not subject to the limited tort election, which means you can seek full noneconomic damages regardless of what auto insurance you personally carry.

Comparative Fault in Pedestrian and Cyclist Cases

Pennsylvania’s comparative negligence rules apply to pedestrian and cyclist cases just as they do to car accident cases. A driver who argues the pedestrian was jaywalking, or the cyclist was riding against traffic, may attempt to reduce the claim by assigning comparative fault. An experienced attorney will counter these arguments with evidence about the driver’s duty of care and the circumstances of the accident.

The Erie personal injury attorneys at Purchase, George & Murphey, P.C. regularly represent pedestrians and cyclists injured by negligent drivers. Contact us for a free consultation.