Crossing the street seems like a simple, everyday act. However, when a pedestrian and a vehicle collide, the consequences can be catastrophic. The situation becomes even more complex when the injured pedestrian was not in a designated crosswalk. If you were hit by a car while jaywalking in Pennsylvania, you might assume you have no legal recourse. The common belief is that if you weren't following the rules of the road, you can't hold the driver accountable. However, the law is far more complex than that.

The reality is that you may still be able to file an injury claim and recover compensation for your medical bills, lost wages, and pain and suffering. Pennsylvania law operates on a principle of comparative negligence, which means that fault can be shared between multiple parties in an accident. Understanding how this law applies to your situation is the key to determining your rights. This article will explore the complexities of pedestrian accident claims involving jaywalking in Pennsylvania. We will examine the legal duties of both pedestrians and drivers, how fault is determined, and what steps you should take to protect your rights after such an incident. We highly recommend consulting with an attorney as soon as possible if you've been in an accident.

Shared Responsibility: A Look at Pennsylvania's Comparative Negligence Rule

When an accident occurs, it's natural to look for who is to blame. In many cases, it's not a simple answer. Pennsylvania's legal system recognizes this by employing a modified comparative negligence rule, specifically the "51% bar" rule.

Here’s what that means for your case:

• You can be partially at fault and still recover damages. The court will assign a percentage of fault to each party involved in the accident. As long as your share of the fault is 50% or less, you can still be awarded compensation.
• Your compensation will be reduced by your percentage of fault. For example, if you are found to be 20% at fault for the accident and your total damages are calculated at $100,000, your final award will be reduced by 20%, leaving you with $80,000.
• If you are found to be 51% or more at fault, you cannot recover any damages. This is the critical threshold. If your actions are deemed to be the primary cause of the accident, you will be barred from receiving compensation from the other party.

So, the central question in a jaywalking accident case is not simply "Were you jaywalking?" but rather "What percentage of the accident was your fault?" Answering this requires a detailed investigation into the specific circumstances of the incident.

Was the Driver Negligent? Exploring a Motorist's Duty of Care

While pedestrians have a duty to exercise caution, drivers in Pennsylvania have a legal obligation to operate their vehicles with a high degree of care, especially in areas where pedestrians are likely to be present. This "duty of care" is a fundamental concept in personal injury law. A driver who fails to uphold this duty may be found negligent.

Even if a pedestrian is jaywalking, a driver can still be held liable if their actions—or inactions—contributed to the collision. Some common examples of driver negligence in these situations include

• Distracted Driving: Was the driver texting, talking on the phone, adjusting the radio, or otherwise not paying attention to the road? National Highway Traffic Safety Administration (NHTSA) data consistently shows that distracted driving is a leading cause of accidents.
• Speeding: A driver traveling above the speed limit has less time to react to unexpected events, such as a pedestrian crossing mid-block. The severity of injuries also increases dramatically with speed.
• Driving Under the Influence (DUI): If the driver was impaired by alcohol or drugs, their ability to perceive and react to a pedestrian would be significantly compromised. This is a severe form of negligence.
• Failing to Yield: In some situations, even if a pedestrian is not in a crosswalk, a driver may still have a responsibility to yield, particularly if the pedestrian was already in the roadway.
• Disregarding Weather or Traffic Conditions: A reasonable driver is expected to adjust their speed and be more cautious in adverse conditions like rain, fog, or heavy traffic.

A skilled pedestrian accident lawyer in Pennsylvania will thoroughly investigate the driver's actions leading up to the crash to determine if they breached their duty of care.

Can I File an Injury Claim If I Was Jaywalking in PA?

The short answer is yes, you can file a claim. The success of that claim, however, will depend on the ability to demonstrate that the driver was also at fault. Jaywalking does not automatically forfeit your right to seek compensation.

To build a strong case, you and your legal team will need to gather evidence that points to the driver's negligence. This evidence can make a substantial difference in how fault is apportioned.

Gathering Evidence for Your PA Pedestrian Accident Claim

After an accident, evidence can disappear quickly. Taking immediate steps to preserve it is essential. Key pieces of evidence in a jaywalking accident case often include:

• Police Report: The official police report will contain the responding officer's initial observations, witness statements, and sometimes a preliminary determination of fault.
• Witness Testimony: Independent witnesses who saw the accident can provide an unbiased account of what happened. Their testimony can be invaluable in corroborating your version of events.
• Photos and Videos: Pictures of the accident scene, your injuries, the vehicle's damage, and any relevant road signs or traffic signals can provide powerful visual evidence. Surveillance footage from nearby businesses may also be available.
• Driver's Phone Records: If distracted driving is suspected, your attorney can subpoena the driver's cell phone records to see if they were using their device at the time of the crash.
• Accident Reconstruction Expert: In complex cases, an expert may be hired to reconstruct the accident scene. They can analyze factors like vehicle speed, sightlines, and impact angles to provide a scientific opinion on how the collision occurred.

A seasoned personal injury lawyer in PA will know what evidence is needed and how to obtain it legally.

The Pedestrian's Responsibilities in Pennsylvania

While we have focused on the driver's duties, it's also important to understand the legal responsibilities of pedestrians in Pennsylvania. Under state law, pedestrians must:

• Obey traffic signals and pedestrian control signals. This includes waiting for the "Walk" signal at intersections.
• Yield the right-of-way to vehicles when crossing outside of a marked crosswalk. This is the core of the jaywalking issue.
• Not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard.
• Use sidewalks when they are available. If no sidewalk is provided, pedestrians should walk on the shoulder of the road, facing traffic.

When you file a claim after jaywalking, the insurance company for the driver will undoubtedly use your actions to argue that you were the primary cause of the accident. They will contend that had you used a crosswalk or waited for a gap in traffic, the collision would not have happened. This is why having an experienced personal injury lawyer in PA on your side is so important—they can anticipate these arguments and build a counter-narrative that highlights the driver's share of the responsibility.

Why You Need a Pedestrian Accident Lawyer in PA

Navigating the complexities of a personal injury claim while recovering from serious injuries is an overwhelming task. Insurance companies are not on your side; their goal is to minimize their payout. They have teams of adjusters and lawyers working to protect their interests. A pedestrian accident lawyer in PA levels the playing field and advocates solely for you.

Here’s how an attorney can help:

• Conducting a Thorough Investigation: They will go beyond the initial police report to uncover all the facts of the case.
• Dealing with Insurance Companies: Your lawyer will handle all communications with the insurance adjuster, protecting you from tactics designed to get you to admit fault or accept a lowball settlement offer.
• Accurately Valuing Your Claim: They will work with medical experts and financial planners to calculate the full extent of your damages, including future medical needs and lost earning capacity.
• Negotiating a Fair Settlement: Most personal injury cases are resolved through negotiations. An experienced attorney will have the negotiation skills to secure the maximum compensation possible.
• Taking Your Case to Court: If the insurance company refuses to offer a fair settlement, your lawyer will be prepared to file a lawsuit and represent you in court.

Navigating the legal system can be exhausting. However, you don't have to face it alone. Retaining an attorney allows them to alleviate your stress, safeguard your rights, and prioritize your best interests while you focus on recovery.

Need Legal Help? Brandon J. Broderick, Attorney at Law, is One Phone Call Away

If you have been injured in a pedestrian accident, even if you were jaywalking, do not assume you are without options. The specifics of your case matter, and you may be entitled to significant compensation. At Brandon J. Broderick, Attorney at Law, we understand the nuances of Pennsylvania's personal injury laws and have a proven track record of success in helping accident victims get the justice they deserve.

We offer a free, no-obligation consultation to discuss your case. We will listen to your story, answer your questions, and provide you with a clear understanding of your legal rights. Contact us today to learn how we can help you on the road to recovery.