How Pennsylvania’s Pedestrian Laws Impact Your Injury Claim

Pedestrian accidents can result in serious, life-changing injuries, often due to negligence or reckless driving. In Pennsylvania, specific laws exist to protect pedestrians and outline how they can pursue compensation if they’re injured. Understanding how pedestrian laws impact your injury claim is essential if you’ve been hurt while walking in Pennsylvania.

In this blog post, we’ll break down Pennsylvania’s pedestrian laws, explain how they relate to your injury claim, and offer insight into how the law can work in your favor or present challenges depending on the circumstances. Whether you’re a pedestrian who has been hurt in an accident or someone seeking more information about pedestrian rights, understanding the legal landscape can help you take the necessary steps to protect your interests.

Overview of Pennsylvania Pedestrian Laws

Pennsylvania has a set of laws designed to regulate the behavior of both drivers and pedestrians. These laws not only establish where pedestrians can walk but also dictate how drivers should interact with pedestrians to prevent accidents. Key laws include:

Right of Way at Crosswalks: In Pennsylvania, pedestrians have the right of way when crossing a roadway at marked or unmarked crosswalks. Drivers are required to stop for pedestrians who are at or approaching a crosswalk. However, pedestrians also have an obligation to use crosswalks when they are available and to avoid stepping into traffic unexpectedly.
Crossing at Intersections: Pedestrians are legally allowed to cross at intersections, whether there is a marked crosswalk or not. However, if the pedestrian crosses outside of a crosswalk or jaywalks, their right of way is limited, and they may not have grounds for a claim if they are struck by a vehicle.
Pedestrian Responsibility: Pedestrians also have responsibilities under Pennsylvania law. They are required to walk on the sidewalk when available. If no sidewalk exists, pedestrians must walk facing traffic, giving them the ability to see oncoming vehicles. Additionally, pedestrians must avoid stepping into the path of a vehicle in a way that would force the driver to take evasive action.
Pedestrian Signals: At intersections with pedestrian signals, walkers must obey the signals, whether it is a “Walk” or “Don’t Walk” sign. Ignoring these signals can affect a pedestrian’s right to compensation if they are injured.

How Pedestrian Laws Impact Injury Claims

When it comes to filing a personal injury claim after a pedestrian accident, understanding the role pedestrian laws play is essential. Pennsylvania follows a comparative negligence rule, which means fault can be shared between the parties involved. Even if a pedestrian is partly responsible for the accident, they may still be able to pursue compensation, though the amount awarded will be reduced based on their degree of fault.

Here’s how Pennsylvania’s pedestrian laws may affect your injury claim:

Determining Fault: If you are injured while walking, determining who is at fault is a crucial step in your injury claim. If a driver fails to yield the right of way at a crosswalk or runs a red light and strikes a pedestrian, they are typically at fault for the accident. However, if the pedestrian is found to be jaywalking or crossing outside of a crosswalk, this could reduce the amount of compensation they are entitled to.
Comparative Negligence: Even if the driver was partially at fault, Pennsylvania law allows for shared responsibility between the driver and the pedestrian. For example, if a pedestrian was not using a crosswalk or crossed at an intersection where pedestrian signals were in place, the court might find the pedestrian partially responsible for the accident. The amount of compensation you are entitled to will be reduced by the percentage of fault assigned to you.
Pedestrian’s Duty to Exercise Caution: Pedestrians are required to exercise reasonable care while walking. This means that while drivers must yield the right of way when pedestrians are at a crosswalk, pedestrians must also ensure they are not placing themselves in harm’s way. If a pedestrian is found to be distracted, under the influence of alcohol, or engaging in reckless behavior when crossing the street, this could impact the outcome of their claim.
The Role of Driver’s Behavior: On the other hand, if the driver was speeding, distracted (for example, texting or talking on the phone), or not paying attention when the accident occurred, this will likely affect their liability. Pedestrians can claim compensation if the driver’s negligence played a significant role in the injury. The more evidence you can provide of the driver’s behavior, the stronger your case will be.
Insurance and Compensation: Insurance companies often scrutinize pedestrian claims closely, and the presence of comparative negligence in Pennsylvania can make these claims complex. They may attempt to reduce or deny compensation based on the pedestrian’s actions leading up to the accident. However, when presented with strong evidence, a skilled attorney can help secure a fair settlement by showing that the driver’s behavior was the primary cause of the incident.

Key Steps to Take After a Pedestrian Accident

If you’ve been involved in a pedestrian accident, taking immediate steps can help protect your rights and strengthen your case. Here are some critical steps you should take after being involved in an accident:

Seek Immediate Medical Attention: Even if your injuries don’t seem severe, it is vital to get medical attention immediately. Some injuries may not be apparent right away, and a prompt medical evaluation can create a record of your injuries that may be essential for your claim.
Document the Scene: If possible, take photos of the scene, including your injuries, the vehicle involved, traffic signs, and any other relevant details. Collect contact information from witnesses who can provide statements about the accident.
Report the Incident: Make sure to file a police report, especially if the driver was at fault. The police report will be a crucial piece of evidence when proving fault in your claim.
Consult with an Attorney: A personal injury lawyer can help guide you through the process and ensure your rights are protected. They will be able to review your case, gather necessary evidence, and advocate for you in settlement negotiations or court.

Conclusion

Pedestrian accidents in Pennsylvania can lead to devastating injuries, and the laws surrounding these incidents play an essential role in determining how a claim progresses. Understanding Pennsylvania’s pedestrian laws and how they impact your injury claim can help ensure that you pursue the appropriate legal action after an accident.

At Kingbird Legal, our experienced team of personal injury attorneys is committed to helping pedestrians who have been injured due to the negligence of others. If you’ve been hurt in a pedestrian accident, we can assist you in navigating the legal process and fighting for the compensation you deserve. Contact us today for a consultation, and let us help you move forward with your case.