By Adam Wasserman
Dec 31, 2025 01:00 PM
Hit by a Car While Walking? Here’s What Happens
Getting hit by a car as a pedestrian is overwhelming. You’re not in a vehicle, you don’t have airbags, and the injuries are often worse than people expect, even at low speeds. Here’s what actually happens legally in Delaware and Pennsylvania if you’re hit while walking.
You Can Always Make a Claim Against the Driver
Pedestrians have the right to file a claim against the at-fault driver just like anyone else injured in a crash. If the driver was speeding, distracted, failed to yield, or ignored traffic signals, their insurance is responsible for your injuries.
That part is straightforward.
Who Pays Your Medical Bills Depends on the State
This is where people get confused.
Delaware
Delaware treats pedestrians as though they were inside the car that hit them for PIP purposes. That means the driver’s PIP coverage pays for your medical bills and lost wages, even though you weren’t in a vehicle at all.
It surprises almost everyone.
Pennsylvania
Pennsylvania is different.
If you own a car insured in PA, your own PIP coverage pays first, even if you weren’t driving. If you don’t have a car and don’t carry insurance, you can use the driver’s PIP after signing a form confirming you don’t have your own policy.
Common Driver Defenses (and Why They Don’t Always Work)
Drivers often try to shift blame onto pedestrians with lines like:
- “They jumped out suddenly.”
- “They were wearing dark clothing.”
- “They weren’t in a crosswalk.”
These may affect the case, but they don’t automatically eliminate it. Fault is still divided by percentages. Unless you were more than 50% responsible , you can still recover in both Delaware and Pennsylvania.
What You Should Do After the Crash
If you’re able:
- Call the police and get a report
- Get the driver’s insurance and license information
- Get names and numbers of any witnesses
- Take photos of the scene and your injuries
- Seek medical attention immediately
Pedestrian injuries often get worse overnight. Don’t wait.
Final Word
Being hit by a car while walking is serious, but the legal process is more straightforward than people expect. You’re not on your own. You can still make a claim, and PIP benefits typically cover your initial medical bills even if you weren’t in a vehicle.
If you’re unsure what applies to your situation, get legal advice before the driver’s insurance company convinces you the crash was your fault.
