Pedestrian accidents in Bensalem, Pennsylvania are not minor fender-benders. When a vehicle strikes a person on foot, the results are often catastrophic, including broken bones, traumatic brain injuries, spinal cord damage, and death. If you or someone you love was hit by a car in Bensalem, you have legal rights under Pennsylvania law, and the attorneys at MyPhillyLawyer are here to help you pursue every dollar you deserve. Our office serves Bensalem residents and Bucks County communities throughout the greater Philadelphia area. Call us today at (215) 227-2727.

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Why Bensalem’s Roads Create Serious Pedestrian Accident Risks

Bensalem Township sits in Bucks County, just northeast of Philadelphia, and its road network carries heavy vehicle traffic every single day. Street Road (Route 132), Bristol Pike, Lincoln Highway, Knights Road, and Brownsville Road are among the busiest corridors in the township. These are multi-lane, high-speed roads where pedestrians regularly cross to reach shopping centers, bus stops, restaurants, and residential neighborhoods.

The area around Neshaminy Mall draws enormous foot traffic, and the surrounding parking lots and access roads create dangerous mixing zones between cars and pedestrians. Parx Casino on Street Road also generates steady pedestrian activity, especially at night, when visibility drops and the risk of a serious crash increases dramatically.

According to PennDOT’s Pennsylvania Crash Facts and Statistics, pedestrian-related crashes represent about 2.7% of all reported traffic crashes statewide, yet they account for 15.4% of all traffic crash fatalities. The majority of pedestrians who were killed were crossing the roadway at the time of impact.

PennDOT data also shows that more pedestrian fatalities occur during non-daylight hours, meaning pedestrians are significantly more likely to be killed in a crash after dark than during the day. Roads like Lincoln Highway and Bristol Pike in Bensalem have limited lighting in stretches, making nighttime walking especially dangerous.

PennDOT’s data confirms that 70.7% of pedestrian fatalities and 42.8% of pedestrian injuries occurred in areas other than intersections, including mid-block crossings and driveway crossings. This means you do not have to be at a crosswalk to be struck and seriously hurt. Bensalem’s commercial strips, with their frequent curb cuts and driveways, create exactly these kinds of mid-block danger zones.

Pennsylvania Law Protects Pedestrians, But You Must Know Your Rights

Pennsylvania’s Vehicle Code gives pedestrians clear legal protections. Pennsylvania Vehicle Code Section 3542 establishes the core right-of-way protection for pedestrians in crosswalks. This law requires drivers to yield the right-of-way to pedestrians crossing within any marked crosswalk and remain at a full stop until the pedestrian has safely crossed the road.

Many people do not realize that this protection extends beyond painted crosswalk lines. In Pennsylvania, an unmarked crosswalk generally exists at every intersection where sidewalks meet the street, even without painted lines. Drivers must yield to pedestrians in unmarked crosswalks just as they must at marked ones. So if you were crossing at an intersection in Bensalem and a driver hit you, that driver may still be legally responsible even if there were no painted lines on the pavement.

Pennsylvania law also protects pedestrians who are “about to enter” crosswalks, meaning drivers must yield not just to pedestrians already crossing but also to those preparing to enter the crosswalk area.

Drivers who make turns are held to a particularly high standard. Pennsylvania law requires drivers to yield to pedestrians who are lawfully within a crosswalk when turning right, whether they have a green light or are making a “right on red.” Drivers who ignore this rule and strike pedestrians face both traffic citations and civil liability.

As a pedestrian, you do have some responsibilities under the law. Under 75 Pa. C.S. § 3542(b), a pedestrian may not suddenly leave a curb and walk into the path of a vehicle so close that the driver cannot yield. However, even if you made a mistake, you may still be able to recover compensation. Pennsylvania’s comparative negligence rules give injured people real options, which we explain in the next section.

How Pennsylvania’s Comparative Negligence Law Affects Your Pedestrian Accident Claim

Pennsylvania follows a modified comparative negligence rule, codified at 42 Pa. C.S. § 7102. This statute means that even if you were partly responsible for the accident, you can still recover compensation as long as your share of fault does not exceed 50%. Your total damages are reduced by your percentage of fault, but you are not completely shut out from recovery.

Here is a real-world example. Say you were crossing Bristol Pike outside a marked crosswalk and a distracted driver struck you. A jury finds you were 25% at fault for crossing mid-block, and the driver was 75% at fault for speeding and failing to pay attention. If your total damages are $200,000, you would recover $150,000 after the 25% reduction.

Pennsylvania follows a modified comparative negligence standard under 42 Pa.C.S. § 7102, which allows fault to be allocated between parties. While an injured pedestrian may still recover compensation if they are found to be 50 percent or less at fault, insurers aggressively seek to inflate a pedestrian’s share of responsibility to reduce or eliminate payouts.

This is exactly why having an experienced Philadelphia personal injury lawyer in your corner matters. Insurance companies in Bensalem pedestrian accident cases will often argue that you were jaywalking, not paying attention, or crossing against the signal. A skilled attorney gathers evidence, including surveillance footage, police reports, witness statements, and crash reconstruction analysis, to push back against those arguments and protect the full value of your claim.

Pennsylvania also gives pedestrians a significant advantage when it comes to the limited tort rule. The limited tort restriction is built around being injured in a private passenger motor vehicle. When you are a pedestrian struck by a car, you were not occupying your vehicle, and Pennsylvania law (75 Pa. C.S. § 1705(d)) treats pedestrians as an exception. In practical terms, a pedestrian injured by a vehicle is generally treated as though they have full tort coverage, regardless of the tort option on their own auto policy. That means you can pursue full compensation for pain and suffering without having to meet the “serious injury” threshold that applies to drivers.

What Compensation Can You Recover After a Bensalem Pedestrian Accident?

Pedestrian accident injuries are among the most severe on the road. Victims regularly suffer traumatic brain injuries, spinal cord damage, fractured limbs, internal organ injuries, and severe road rash. These injuries require extended medical treatment, rehabilitation, and sometimes permanent care. The law allows you to seek compensation for all of these losses.

In a successful pedestrian accident claim in Pennsylvania, you can recover economic damages. These are your measurable financial losses: past and future medical bills, lost wages from time missed at work, reduced earning capacity if your injuries prevent you from returning to your prior job, and the cost of ongoing rehabilitation or home care.

You can also recover non-economic damages, which cover the physical pain, emotional suffering, loss of enjoyment of life, and the impact your injuries have on your relationships and daily activities. Pennsylvania does not cap non-economic damages in standard personal injury cases, so these amounts can be substantial depending on the severity of your injuries.

If a loved one was killed in a pedestrian accident in Bensalem, Pennsylvania’s Wrongful Death Act at 42 Pa. C.S. § 8301 allows eligible survivors to bring a claim. Under that statute, if no eligible survivor brings a claim, the personal representative of the deceased may bring an action to recover damages for reasonable hospital, nursing, medical, funeral expenses, and expenses of administration caused by the fatal injuries. Survivors can also pursue a separate survival action to recover damages the deceased would have been entitled to had they lived.

Drunk driving accidents, distracted driving crashes, and hit-and-run incidents are among the most common causes of serious pedestrian injuries in Bensalem. If the driver who hit you was impaired or fled the scene, additional legal remedies may be available, including claims under your own uninsured motorist coverage.

The Filing Deadline for Bensalem Pedestrian Accident Claims in Pennsylvania

Pennsylvania’s statute of limitations for personal injury claims is two years from the date of the accident, under 42 Pa. C.S. § 5524. Missing this deadline almost always means losing your right to sue, no matter how strong your case is. Two years sounds like a long time, but it moves quickly, especially when you are focused on recovery.

The deadline can become even shorter in certain situations. If a government entity may be involved, for example, a dangerous crosswalk or a government vehicle, a much shorter six-month notice deadline can apply. Bensalem Township maintains many of the roads where pedestrian accidents occur. If a poorly designed crosswalk, malfunctioning pedestrian signal, or inadequate lighting contributed to your accident, a claim against the municipality may be possible, but only if you file the required notice within six months of the injury.

Evidence also disappears fast. Surveillance camera footage from businesses along Street Road or Bristol Pike is often overwritten within days or weeks. Witnesses move on and their memories fade. Skid marks wash away. The sooner you contact an attorney, the better your chances of preserving the evidence needed to prove your case.

Do not wait to take action. Call MyPhillyLawyer at (215) 227-2727 or Toll Free: 866-352-4572 as soon as possible after your accident. Our attorneys work on a contingency fee basis, meaning you pay no attorney’s fees unless we recover compensation for you. We serve clients in Bensalem, throughout Bucks County, and across the greater Philadelphia region.

FAQs About Bensalem PA Pedestrian Accidents

Can I still recover compensation if I was partially at fault for the pedestrian accident?

Yes, in most cases. Pennsylvania follows a modified comparative negligence rule under 42 Pa. C.S. § 7102. As long as your share of fault does not exceed 50%, you can still recover damages. Your total award is reduced by your percentage of fault. For example, if you were 20% at fault and your damages total $100,000, you could recover $80,000. Insurance companies often try to exaggerate a pedestrian’s share of fault to reduce their payout, which is why legal representation matters from the start.

Do drivers have to stop for pedestrians even if there is no painted crosswalk?

Yes. Under Pennsylvania Vehicle Code Section 3542, an unmarked crosswalk exists at virtually every intersection where sidewalks meet the street, even without painted lines. Drivers must yield to pedestrians at these unmarked crosswalks the same way they must at marked ones. If a driver struck you at an intersection in Bensalem where there were no painted lines, that driver may still be fully liable for your injuries.

How long do I have to file a pedestrian accident lawsuit in Pennsylvania?

The general deadline is two years from the date of the accident under 42 Pa. C.S. § 5524. However, if a government entity, such as Bensalem Township or a state agency, is potentially responsible for your accident, you may have only six months to file a formal notice of claim. Missing either deadline can permanently bar your case. Contact an attorney right away so these deadlines do not slip by during your recovery.

What if the driver who hit me fled the scene or had no insurance?

You still have options. If the driver fled the scene or was uninsured, you may be able to file a claim under your own uninsured motorist (UM) coverage, if you have an auto policy in Pennsylvania. Pennsylvania law also provides certain protections through the Pennsylvania Assigned Claims Plan for pedestrians who have no applicable insurance coverage. An attorney can review all available sources of recovery and help you pursue the maximum compensation available under the circumstances.

What types of injuries do pedestrian accident victims in Bensalem typically suffer?

Pedestrian accident injuries tend to be severe because the human body has no protection against a vehicle. Common injuries include traumatic brain injuries, spinal cord injuries, broken bones, internal organ damage, severe lacerations, and in the worst cases, death. These injuries often require surgery, lengthy rehabilitation, and ongoing medical care. Pennsylvania law allows you to recover compensation for all of these losses, including future medical expenses and non-economic damages like pain and suffering, with no statutory cap in standard personal injury cases.

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