In Pennsylvania, the law gives you two years from the date of a pedestrian accident to file a claim against the driver at fault. This deadline, known as the statute of limitations, is firm and not often changed. Once the two years run out, the courts will not hear your case, even if the evidence strongly supports your side.
There are limited exceptions that can pause or extend the two-year window, and separate procedures if a government body is part of the claim.
It’s also worth noting that insurance timelines are not the same as the statute of limitations. Your policy may require notice or a claim in as little as 30 days. Missing the two-year court deadline, however, ends your right to sue permanently.
Here are the main deadlines to keep in mind:
- Personal injury: Two years from the accident date to file in court
- Wrongful death: Two years from the date of death, not the accident
- Government claims: Six months to send written notice before suing
- Insurance claims: Check your policy—some allow as little as 30 days
The two-year window sounds simple, but exceptions exist that may affect when the clock starts. Knowing these rules can make the difference between keeping your case alive and losing it entirely.
Do Any Exceptions Extend the Two-Year Deadline?
Pennsylvania law allows limited exceptions when applying the two-year deadline would be unreasonable. These are uncommon and depend on the facts of the case, so it is not safe to assume one applies without speaking to our experienced Reading pedestrian accident attorneys.
In some cases, the deadline is paused, a process known as “tolling” the statute of limitations.
When the Injured Pedestrian Is a Minor
If the person hurt is under 18, the filing rules change. The deadline is paused until the child reaches adulthood, and they generally have until age 20 to bring their case. Even with more time allowed, parents should move quickly.
When Injuries Temporarily Incapacitate the Victim
In the event of a catastrophic injury, if the individual is unable to manage their own affairs due to physical or mental limits from the accident, the deadline may be put on hold until they are able to do so again. Once they regain capacity, the two-year period begins again.
This requires strong medical proof, and families should get legal help right away to make sure the victim’s rights are preserved during recovery.
When the Injury Was Discovered Later
Some conditions do not show up right after a crash, like brain injuries, spinal problems, or internal damage that may take time to develop.
Under the discovery rule, the two-year deadline begins when the injury is found and linked to the accident, or when it reasonably should have been. Keeping records of when symptoms started and when the connection was made is key for these cases.
When The At-Fault Driver Leaves Pennsylvania Or Hides Their Identity
If the driver who struck you leaves Pennsylvania or deliberately avoids being located for service of legal papers, the time they are gone does not count toward the two-year limit. This situation often comes up in hit-and-run cases where the driver cannot immediately be identified.
You need to show that the driver’s absence or concealment directly prevented you from filing your case. Not knowing who caused the crash is different from the driver actively avoiding responsibility.
When The Case Involves Wrongful Death
If a pedestrian dies from their injuries, the the statute of limitations works differently. In these situations, the two-year limit starts from the date of death instead of the accident date.
Claims Against Government Entities Follow Special Rules
Cases involving government agencies have much shorter deadlines than those against private individuals. For example, if you were struck by a city bus or fell on a damaged public sidewalk, the time to act is far less than two years.
You must submit written notice of your claim to the correct government office within six months of the accident. This step must happen before any lawsuit can be filed.
| Defendant Type | Notice Required | Lawsuit Deadline |
| Private driver | None | 2 years from accident |
| City or county | Written notice in 6 months | 2 years from accident |
| State agency | Written notice in 6 months | 2 years from accident |
Six-Month Notice Requirement and Risks of Missing It
The written notice has to give clear details about the accident. You must include when and where it happened, what took place, what injuries you suffered, and which government agency you believe is responsible.
The notice also has to be sent to the right department through the proper legal process. If you miss the six-month deadline, your lawsuit is barred completely, even if the two-year period has not yet passed. Courts will not allow exceptions to this rule.
What Happens If You Miss the Filing Deadline
Missing the statute of limitations ends your case permanently. Even being one day late will lead the court to dismiss your claim “with prejudice,” which means you cannot try again.
After that, the at-fault party’s insurance company has no incentive to negotiate. They will close your file and refuse payment, knowing you no longer have the option of suing.
In very unusual situations, an expired claim might be reopened, but these circumstances are extremely rare and apply to almost no one. You should never assume a late claim will be saved.
Steps That Protect Your Claim Timeline
After a pedestrian accident, it helps to act quickly and stay organized. Doing the right things early keeps important proof from being lost and makes sure you don’t miss legal deadlines.
These steps give your case a solid base and stop insurance companies from using delays against you.
Gather and Save Evidence Early
Accident evidence can disappear fast, so try to hold onto as much as you can right away.
Here are some things that matter:
- Take clear photos of your injuries, the scene, any vehicle damage, and the road conditions
- Keep every medical record, including ER visits, doctor notes, and therapy papers
- Write down the names and numbers of anyone who saw what happened
- Check nearby stores or homes for security footage before it gets erased
- Put aside any torn clothes, shoes, or broken personal items in a safe place
Medical records are critical because they link your injuries directly to the accident. Missing appointments or ignoring your doctor’s instructions can weaken your case when it’s time to prove what happened.
Report the Crash and Track Every Deadline Early
Make a list of all deadlines tied to your case and keep it where you’ll see it often. Don’t give a recorded statement to the other driver’s insurer until you’ve spoken with a lawyer.
Your deadline list should cover:
- Two-year filing limit: Write this date down clearly and set reminders ahead of time
- Six-month government notice: Only applies if a city, county, or state agency could be involved
- Insurance notice rules: Look at your policy for time limits on reporting or submitting claims
- Medical bill deadlines: Some insurers want records and bills sent quickly
Insurance companies sometimes drag their feet so you miss key dates. Staying organized keeps you in control and avoids those problems
Insurance Policy Deadlines Versus Court Filing Deadlines
The deadlines in your insurance policy are not the same as the deadlines set by the courts. Your policy is a contract that usually requires quick notice of an accident and proof of your losses. These rules may be different from the time limits for filing a lawsuit.
The two-year limit only applies to lawsuits filed in court. To keep every option open, you have to meet both. Missing your insurance deadline could leave you without coverage, even if the court filing window is still open.
Call Wilk Law for a Free Deadline Review and Case Plan
At Wilk Law Personal Injury & Car Accident Lawyers, our experienced legal team will go over the details of your accident right away so no deadline is overlooked. Our team prepares the notices that need to be filed and starts investigating before key evidence is lost.
As an experienced Pennsylvania personal injury law firm, we know how often insurance companies try to sidestep valid claims. We push back firmly and build cases with care.
Choosing our firm means working with attorneys who take your trust seriously and fight to hold careless drivers responsible. Contact us today for a free case evaluation.
Cities in Pennsylvania where our skilled pedestrian accident attorneys have helped residents include Reading, West Chester, Philadelphia, Coatesville, Phoenixville, Exton, Devon, and more.
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