Liability In A Pedestrian Accident Claim In Pennsylvania

In Pennsylvania, liability in a pedestrian accident depends on who acted negligently and violated their legal duties. Both drivers and pedestrians have specific responsibilities under state law, and fault is determined by examining which party breached these duties and caused the accident.

Because fault can rest on either side—or be shared—the details of the incident take on real significance. The traffic light’s phase, the position of the crosswalk, the speed of the car, and the pedestrian’s movements all play a role in deciding responsibility.

This fact-driven approach explains why liability in Pennsylvania pedestrian accidents is rarely automatic and why every case must be evaluated on its specific circumstances.

Determining Liability

When a breach of duties causes a collision, the breaching party can be held responsible. In some cases, responsibility is shared if both sets of choices contributed to the crash.

Investigators and insurers assign percentages of responsibility and adjust recovery to match that share. The facts that move those numbers are concrete—signal phase, turn path, speed, crosswalk placement, witness accounts, and any available video—rather than labels like “careless” or “cautious.”

Focusing on the facts keeps liability tied to what actually happened in the intersection, not assumptions about drivers or pedestrians.

Duties That Drivers And Pedestrians Owe Under Pennsylvania Law

Pennsylvania assigns duties to both drivers and pedestrians. Breaching any of these rules can establish negligence if that conduct contributes to a collision. The points below summarize key obligations

Drivers’ duties (pedestrian interactions)

• Stop for pedestrians at crosswalks. Yield/stop at marked crosswalks and at unmarked crosswalks at intersections when pedestrians have the right-of-way.
• Exercise due care. Maintain a lookout and take reasonable steps to avoid striking a pedestrian—even when the pedestrian is not following every rule.
• Yield when turning. Before turning right or left at an intersection, yield to pedestrians lawfully in the crosswalk. A green light does not override this duty.
• Do not pass at crosswalks. Do not overtake a vehicle that is stopped at a crosswalk to allow a pedestrian to cross.
• Provide heightened protection to blind pedestrians. Stop and remain stopped for a pedestrian using a white cane or guide dog.

Pedestrians’ duties

• Obey signals. Cross only on a WALK indication and refrain from entering on a steady DON’T WALK or solid red.
• Use crosswalks where practicable. Where a crosswalk is reasonably close, cross within it rather than mid-block (subject to local design/markings).
• Yield outside crosswalks. When crossing at a point other than a crosswalk, yield to vehicles that are close enough to constitute an immediate hazard.
• Do not step suddenly into traffic. Avoid leaving a curb or place of safety into the path of a vehicle that cannot stop in time.
• Use sidewalks when available. If no sidewalk exists, walk on the shoulder or as near as practicable to the outside edge, facing traffic.

Pennsylvania Right Of Way Rules For Pedestrians

In Pennsylvania, pedestrians have the right-of-way in crosswalks when there’s no working traffic light. That applies to painted crosswalks and to the natural crossing area at intersections, even if there aren’t lines on the pavement.

Drivers must slow or stop so the person can cross. If there is a light, pedestrians should cross on WALK, and drivers must let them finish crossing according to the light.

Outside a crosswalk, pedestrians have to yield to cars that are close enough to be a danger and shouldn’t step off the curb into traffic that can’t stop in time.

Separately, a driver coming out of a driveway, alley, or building must yield to people on the sidewalk before entering the street. These simple location-based rules often decide who’s at fault.

How Comparative Negligence Affects Pennsylvania Pedestrian Claims

Pennsylvania uses modified comparative negligence with a 51% bar: you can recover money only if you’re less than 51% at fault. The percentage is set from the facts and it controls the outcome.

Your payment is reduced by your share of fault. If a jury values the case at $100,000 and you’re 20% at fault, you recover $80,000. At 51% or more, you recover nothing from the other party. Courts and insurers assign fault by tying rule breaches to evidence.

They look at signal phase and right-of-way rules, video and witness statements, skid or brake data, vehicle speed, lighting and weather, line-of-sight, and whether either person could have avoided impact with reasonable care.

Pedestrian actions that can increase fault (if they contribute to the crash):

• Crossing outside a crosswalk (mid-block) and failing to yield to approaching vehicles.
• Entering on DON’T WALK / against the light.
• Not paying attention (phone in hand, headphones, not scanning for cars).
• Stepping off the curb suddenly into a vehicle’s path.
• Low visibility choices (dark clothing at night, no reflective gear) away from crosswalks.
• Impairment from alcohol or drugs affecting judgment or reaction time.

What Evidence Should I Gather To Protect My Claim?

If you’re able, document the scene right away. If you’re hurt, ask a companion or bystander to help and focus on getting medical care first.

At the scene (minutes–hours)

• Police report details: Officer’s name/badge, incident number, and any citations noted.
• Photos/video: Positions of the car and pedestrian, crosswalk/lanes, signal head (what it showed), skid/brake marks, debris, vehicle damage, your injuries, signage, and road surface.
• Witnesses: Names, phone/email, and a one-line description of what they saw (note signal/color, speed, turn).
• Driver info: Name, license number, plate, insurer, policy number, and vehicle registration.

Within 24–72 hours (before footage is overwritten)

• Nearby cameras: Ask corner stores, apartments, garages, buses, and traffic cameras to save footage; note device location and retention policy. Your lawyer can send a preservation/spoliation letter to lock it down.
• Medical records: ER/urgent-care records, imaging, discharge notes, prescriptions; start a folder for bills and mileage to appointments.
• Clothing/personal items: Bag and keep damaged shoes, torn clothing, broken phone/eyewear—don’t wash or repair.

Ongoing

• Symptoms log: Dates, pain levels, new limitations, missed work/school; keep it factual.
• Follow-up care: Therapy notes, referrals, home-care instructions.
• Phone data: Save original photo/video files with metadata (don’t edit/overwrite originals).

What Damages Can I Recover In A Pedestrian Accident Claim?

Economic damages

Reflect the financial losses tied to the crash: medical care now and in the future, missed wages and reduced earning capacity, out-of-pocket costs (travel to appointments, medical equipment, home/vehicle changes), and damage to personal items. These are proven with bills, records, and employer/medical statements.

Non-economic damages

This is the day-to-day impact: pain, changes in sleep or mood, activities you’ve had to skip, and any lasting loss of function or scarring. The value depends on how severe these effects are and how long they last, shown through your medical records and the people who’ve seen the changes up close.

Punitive damages

Punitive damages may apply in cases of extreme recklessness, such as drunk driving accidents where a drunk driver accident lawyer can help establish the driver’s intoxication and reckless behavior.

Who Covers Medical Bills After A Pedestrian Accident In Pennsylvania

Pennsylvania auto policies include first-party medical benefits (called PIP) that pay your initial treatment bills regardless of fault. If you have a Pennsylvania policy, your first-party medical coverage is billed first.

How Does PIP Work And In What Order Is Coverage Applied?

Priority of coverage (who pays first):

1. Your own auto policy (if you’re a named insured).
2. A resident relative’s policy (if you live with someone who has PA auto insurance).
3. The striking vehicle’s policy (if neither of the above applies).
4. Pennsylvania Assigned Claims Plan as a last resort (eligibility limits apply).

When your first-party medical limit is exhausted, the next payer is usually your health insurance under its plan rules. Any remaining, unpaid medical losses are then pursued from the at-fault driver’s bodily injury liability coverage, which must be at least $15,000 per person / $30,000 per accident in Pennsylvania (many drivers carry more).

Can UM Or UIM Coverage Help In Uninsured Or Hit And Run Cases?

Uninsured Motorist (UM) coverage protects you when the at-fault driver has no insurance or flees the scene. Underinsured Motorist (UIM) coverage applies when the at-fault driver’s insurance limits are too low to cover your damages. Both coverages follow the same priority order as PIP.

Pedestrian hit-and-run accidents are treated as uninsured motorist claims if the driver is never identified, and a hit and run lawyer can help navigate these complex cases. Promptly reporting hit-and-run accidents to the police is important to protect your rights under your Uninsured Motorist (UM) coverage.

UM and UIM coverage limits can be purchased up to your liability policy limits. Higher limits provide better protection but cost more in premiums.

When Must I File My Pedestrian Accident Claim?

Pennsylvania generally gives you two years from the date of the accident to file a personal-injury lawsuit. The deadline is strict and exceptions are uncommon—miss it and you can lose your claim.

If the accident involved a government entity there are some exceptions. Government entities have special protections that make claims more complicated and time-sensitive. You must provide formal written notice of your claim within six months of the accident.

Government defendants are subject to damage caps under Pennsylvania’s immunity laws. For local governments, the Political Subdivision Tort Claims Act caps total recovery at $500,000 per incident.

Claims against state agencies have different limits—$250,000 per plaintiff and $1,000,000 per incident. These caps do not apply to claims against private drivers or other non-government defendants.

Contact Our Pennsylvania Pedestrian Accident Lawyers Today

Proving liability in pedestrian accident cases requires immediate action and extensive investigation. At Wilk Law Personal Injury & Car Accident Lawyers, our award-winning legal team handles every aspect of your claim while you focus on recovering from your injuries.

Our experienced Pennsylvania pedestrian accident attorneys gather evidence, negotiates with insurance companies, and fights for maximum monetary compensation. Contact us today for a free consultation to discuss your rights and options.

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