You Stopped to Help at an Accident and Got Hurt. What Now?

August 27, 2025

If you were injured while helping at an accident scene, you generally have the right to seek compensation for your medical bills, lost wages, and other damages. The responsible party is typically not the person you assisted, but the person whose negligence caused the original accident.

The law protects you from being sued by the person you helped under Pennsylvania’s and New Jersey’s Good Samaritan laws, but this protection doesn’t automatically pay your bills. The process of recovering compensation involves identifying the legally responsible party and proving that their actions led to your injuries—a task that might feel like a punishment for your good deed.

While the at-fault driver’s negligence is the root of the problem, their insurance company may try to argue you “assumed the risk.” Sorting through these arguments is how you’ll gain access to the compensation you need.

You don’t have to figure this out while you’re trying to heal. For personalized advice, call the team at Wapner Newman at (215) 569-0900 to discuss your situation.

Your Legal Shield: What the Good Samaritan Law Actually Protects You From

Does the Good Samaritan Law Prevent You From Being Sued?

Good Samaritan laws are designed to remove the fear of liability that, as some surveys suggest, makes many people hesitant to offer aid in an emergency.

Pennsylvania’s Law Explained

Pennsylvania’s Good Samaritan Act (42 Pa. C.S.A. § 8332) provides civil immunity to any person who renders emergency care at an accident scene. This means if you act in good faith to help someone, they cannot turn around and successfully sue you for making a mistake, as long as your actions weren’t grossly negligent.

New Jersey’s Law Explained

New Jersey’s statute (N.J. Stat. Ann. § 2A:62A-1) offers similar protection. It shields individuals who render emergency care in good faith from liability for civil damages. This applies to both trained and untrained individuals who voluntarily assist at the scene of an emergency.

The Exception: “Gross Negligence”

This immunity has a boundary. It does not protect against actions considered to be gross negligence or willful misconduct. We will explore what this means next.

The Line in the Sand: What Is “Gross Negligence”?

When Does a Helper’s Actions Cross the Line?

Gross negligence means a conscious and voluntary disregard for the need to use reasonable care. It’s behavior so reckless that it creates a high probability of serious harm. This is a more extreme departure from ordinary care than simple carelessness.

Using an Analogy

Think of it this way:

Ordinary Negligence (Protected): You perform CPR and accidentally crack a rib. You acted reasonably in a crisis.
Gross Negligence (Not Protected): You try to reset a broken bone with no medical training, causing a permanent nerve injury. This goes far beyond reasonable first aid.

The “Imminent Peril” Factor

Courts also look at whether the victim was in “imminent peril.” If you pull someone from a car that isn’t on fire or in immediate danger and cause a spinal injury, your actions may not be protected because the risk you created was greater than the one you were trying to solve. This distinction can be difficult, which is why consulting with a legal professional provides clarity on your specific situation.

Who Pays for Your Injuries? Tracing Responsibility Back to the Source

The Primary Target: The Driver Who Caused the Original Accident

The core principle here is “foreseeability.” It was foreseeable that someone would stop to help at the accident scene the negligent driver created. Therefore, that driver is often legally responsible for injuries sustained by the rescuer. Your injury is considered a direct, if delayed, consequence of their initial mistake. Or in other words, their actions set the entire chain of events in motion.

Other Potential Sources of Compensation

A Second Negligent Driver: If you were hit by a different driver who failed to navigate the accident scene safely, that driver (and their insurance) is a primary source of liability.
Your Own Insurance as a First Responder:
- Personal Injury Protection (PIP): In Pennsylvania, your own auto policy’s medical benefits coverage is often the first place you turn, regardless of fault. This could be the emergency financial first aid that covers initial bills while the larger claim is pursued.
- Uninsured/Underinsured Motorist (UM/UIM) Coverage: If the at-fault driver has no insurance or not enough to cover your damages, your own UM/UIM policy can step in. It acts as a safety net, becoming the insurance the at-fault driver should have had.
Government or Property Owner Liability (Less Common):
- If a hazardous condition like a poorly maintained road or broken traffic signal caused the crash, a government entity could be partially liable.
- It is important to note that claims against government entities in Pennsylvania have very short deadlines—sometimes as little as six months to provide formal notice.

A thorough review of the accident circumstances by an experienced attorney will ensure no avenue is overlooked.

Debunking a Common Myth: The “Firefighter’s Rule”

Are You Treated Differently Than a Professional Rescuer?

There is a legal concept known as the “Firefighter’s Rule” that sometimes prevents professional first responders from suing for injuries they get while doing their job. The idea is that they are trained, paid, and accept the inherent risks of their profession.

Why It Probably Doesn’t Apply to You

This rule almost never applies to a civilian volunteer. You are not a professional rescuer acting in your official capacity. Even off-duty professionals who voluntarily render aid are typically seen as Good Samaritans, not employees, and are not barred by this rule.

In New Jersey, the legislature has acted to abolish the Firefighter’s Rule, ensuring emergency responders have the same rights as other citizens to recover for injuries caused by negligence. This distinction is important because an insurance company might incorrectly suggest you “assumed the risk.” We understand this legal nuance and how to counter it.

How Workers’ Compensation Applies If You Were ‘Working’ When You Stopped to Help

If you’re injured while helping at an accident scene during the course of your employment—for example, as a delivery driver, truck driver, or field technician—your eligibility for workers’ compensation depends on the facts:

In Pennsylvania: Workers’ compensation typically covers injuries “arising out of and in the course of employment.” If you’re required by your job or employer policy to render assistance, or if stopping is reasonably incidental to your duties (such as assisting after a commercial vehicle accident), you may be eligible for workers’ compensation benefits.
In New Jersey: The standard is similar. If your job duties involve being on the road or at accident sites, or if company policy expects employees to help in emergencies, your injury may be covered.

Key points:

If you were acting on your own and your employer did not require or expect you to stop, coverage may be disputed.
If your employer encouraged or expected you to help, your injury is more likely to be considered work-related.
If workers’ comp applies, it can cover medical bills and lost wages, but not pain and suffering.

Personal Injury Claims in Addition to Workers’ Comp

Even if you qualify for workers’ compensation, you may also have a claim against the party who caused the accident. This is called a “third-party liability” claim. Workers’ comp provides basic benefits regardless of fault, while a third-party claim allows you to pursue full compensation for damages that workers’ comp doesn’t cover, such as pain and suffering.

Practical Example:

A delivery driver stops to help at a crash and is hit by another car. They may get workers’ comp through their employer and sue the at-fault driver.

Takeaway:

These cases are far from black-and-white. Always notify your employer and consult an attorney promptly if you were working when the injury occurred. The interplay between workers’ comp and personal injury claims is complicated, and missing a deadline can cost you benefits.

Your Focus After the Incident: Protecting Your Right to Compensation

Create a Record of Your Experience

Your Medical Journey: Every doctor’s visit, physical therapy session, and prescription receipt tells a part of your story.
The Accident Details: Write down everything you remember. What you saw, the position of the cars, the weather, the time of day.
Your Financial Losses: This is more than just medical bills. Track the days you missed from work. Keep receipts for everything from over-the-counter medication to transportation to your doctor’s appointments.

Navigating Insurance Conversations

Don’t Provide a Recorded Statement Alone: Adjusters are trained to ask questions that may be used to minimize or deny your claim later. It is advisable to have legal counsel handle these communications on your behalf.

Resist the Lure of a Quick Payout

Early settlement offers might seem promising from a distance but rarely reflect the true, long-term cost of an injury. The pain that flares up on cold mornings six months from now won’t be included in that initial offer. Always review any offer with an attorney before you sign it.

Be Mindful of the Clock

In both Pennsylvania and New Jersey, you generally have two years from the date of injury to file a lawsuit. This is known as the statute of limitations. While it seems like a long time, building a strong case takes thorough preparation, so it is always best to start as soon as possible.

What Evidence Strengthens a Good Samaritan Injury Claim?

1. Eyewitness Statements

Testimony from people who saw what happened can confirm that your actions were reasonable and necessary.
Ideal: Bystanders, first responders, or even the person you helped verifying that you acted safely and with good intentions.

2. Surveillance or Dashcam Footage

Many businesses, vehicles, and even doorbells capture accident scenes.
Video that shows your movements and context (e.g., a car leaking fuel, someone unconscious) can prove that aid was necessary and proportionate.

3. Photographs of the Scene

Take photos if you’re able—vehicle positions, hazards, road conditions, and injuries.
These details help clarify why your actions made sense in the moment.

4. Accident Reports

Police reports may note that you were assisting others and describe the sequence of events.
Be sure your involvement is recorded accurately. This becomes part of the official record.

5. Medical Records

These connect your injuries directly to the rescue attempt.
They also help prove that your harm was foreseeable and not caused by some unrelated incident.

6. Expert Testimony

In complex cases, attorneys may bring in emergency medicine or accident reconstruction experts to confirm that your response was consistent with how a reasonable person would act in that situation.

7. Documentation of Training (if applicable)

If you have CPR, EMT, or first aid certification, showing that you were qualified helps bolster your credibility and weaken “gross negligence” arguments.

Pro Tip: The sooner you start gathering evidence, the stronger your case will be. Small details fade quickly—and insurance adjusters will use any gap or ambiguity against you.

Frequently Asked Questions About Injuries to Good Samaritans

What if I was injured while helping someone who was overdosing?

Both Pennsylvania and New Jersey have specific Good Samaritan laws related to drug overdoses. These laws provide immunity from prosecution for certain drug offenses when you call for help, and they reinforce the civil liability protections for rendering aid in good faith. The primary goal is to encourage people to seek medical help without fear of legal repercussions.

Do I lose my Good Samaritan protection if the person I tried to help still died?

No. The legal protection is based on your good faith effort to help, not the outcome. As long as you did not act with gross negligence, you are typically shielded from liability even in the most tragic circumstances.

Can I be compensated for emotional distress or PTSD from the event?

Yes. A personal injury claim isn’t just for physical injuries. If you are experiencing significant emotional or psychological trauma from witnessing the accident and being injured, compensation for that suffering may be part of your claim. Documenting this with a mental health professional is a key step.

I’m a nurse who stopped to help while off-duty. Does that change anything?

As mentioned earlier, off-duty medical professionals are generally covered by Good Samaritan laws just like any other citizen. The law does not hold you to the same standard as if you were on a shift in a hospital. You are still a volunteer in that context, and your good faith efforts are protected.

Your Instinct Was to Help. Our Job Is to Protect You.

Your decision to help was a mark of character. The resulting injuries and legal questions should not be your burden to carry alone. The path to compensation is not a fight you need to wage; it’s a process we are ready to manage for you.

Let our team at Wapner Newman handle the legal issues. Call us today at (215) 569-0900 for a free consultation.