Hit While Walking or Biking in Pennsylvania:

When a car hits someone on foot or on a bicycle, the injuries are often serious and the first practical question is a confusing one: whose insurance pays, when the injured person wasn't in a car at all? Pennsylvania's answer surprises people, and it usually works in the injured person's favor.

You may have coverage even though you weren't driving

Here's the part most people don't expect: as a pedestrian or cyclist struck by a vehicle, you can often access first-party medical benefits — the same no-fault medical coverage tied to auto policies. Pennsylvania has an order of priority for which policy applies, which frequently begins with your own auto policy if you have one, and can reach a household member's policy or the policy of the vehicle that struck you. The upshot is that being on foot or on a bike doesn't mean there's no coverage for your medical care.

What if the driver had no insurance — or fled?

If the driver who hit you was uninsured, or fled and was never identified, uninsured motorist coverage can come into play, much as it would for a driver. A hit-and-run involving a pedestrian or cyclist makes prompt police reporting and witness-gathering especially important, since there may be no other vehicle's insurance to look to.

Does the driver being at fault still matter?

Yes. First-party benefits handle the immediate medical costs regardless of fault, but the driver's responsibility drives a broader claim for your other losses. Drivers owe heightened care to people on foot and on bikes, particularly in crosswalks and where they should expect them — though cyclists and pedestrians have their own rules of the road too, and Pennsylvania's comparative-fault rule can factor in if you shared some responsibility.

What should I do after being hit?

1.   Get emergency medical care — pedestrian and bicycle injuries are frequently serious even when they don't look it at first.

2.   Make sure police respond and create a report identifying the driver and vehicle.

3.   Photograph the scene, the vehicle, and your injuries; get witness names.

4.   Preserve your damaged bike, helmet, and clothing — don't repair or discard them.

5.   Get advice before dealing with the driver's insurer, especially on the question of which coverage applies.

Talk it through with someone local. If you have questions about your own situation, the attorneys at Joyce, Carmody & Moran can review what happened and explain your options — no cost for the first conversation, and no obligation. We are based in Pittston and handle injury matters throughout Luzerne County.