When a vehicle strikes a person on foot, the immediate assumption is often that the driver is entirely to blame. The sheer disparity in size and potential for harm creates a powerful image of a vulnerable pedestrian and a negligent motorist. While drivers have a significant responsibility to watch out for and yield to pedestrians, Pennsylvania law recognizes that this responsibility is shared. The truth is, pedestrians can—and often do—share a portion of the fault for an accident.

In some cases, a pedestrian’s actions may be the primary cause of the collision. Understanding this complex legal reality is essential for anyone involved in a pedestrian accident, whether they were behind the wheel or on foot. The distribution of fault is not based on assumptions but on a careful examination of the evidence and the specific duties required of every individual using the roadway.

This article will explore the circumstances under which a pedestrian can be held partially or even entirely responsible for a car accident in Pennsylvania. We will examine the legal principles that guide these determinations and the types of evidence that become paramount in building a case.

The Driver's Duty of Care vs. The Pedestrian's Responsibility

In the eyes of the law, both drivers and pedestrians must exercise a certain level of care to prevent accidents. This is known as the "duty of care."

A driver's duty is substantial. They are operating a heavy piece of machinery at speeds that can cause catastrophic injury or death. As such, they must remain alert, obey traffic laws, manage their speed, and be reasonably prepared for unexpected events—including the presence of pedestrians. This duty is elevated in areas where pedestrians are expected, such as school zones, residential neighborhoods, and urban centers.

However, pedestrians are not granted a free pass to move without regard for their own safety. A pedestrian also has a duty to exercise reasonable care. This includes:

• Obeying traffic signals and signs.
• Using crosswalks where available.
• Looking both ways before entering a street.
• Avoiding sudden movements into the path of a vehicle.
• Remaining visible to drivers, especially at night.

When either party fails to meet their duty of care, they are considered negligent. In the context of a PA personal injury claim, the central question is whose negligence caused the accident.

How Pennsylvania Law Assigns Fault in a Car Accident Involving a Pedestrian in PA

Pennsylvania operates under a legal doctrine known as modified comparative negligence. This rule is foundational to understanding how fault is assigned and what it means for your ability to recover financial compensation.

Here is how it works: a judge or jury will analyze the actions of everyone involved in the accident and assign a percentage of fault to each person. Under Pennsylvania’s 51% rule (42 Pa.C.S.A. § 7102), you can only recover damages if your percentage of fault is 50% or less.

• If you are found to be 50% or less at fault, you can still receive compensation, but the amount will be reduced by your percentage of fault. For example, if you are awarded $100,000 in damages but were found to be 20% at fault, your award would be reduced by $20,000, for a total recovery of $80,000.
• If you are found to be 51% or more at fault, you are legally barred from recovering any compensation at all from the other party.

This system is why determining fault is so intensely contested in a car accident involving a pedestrian in PA. An insurance company will leverage any evidence of pedestrian negligence to increase the pedestrian’s share of the blame, potentially reducing or eliminating their payout entirely.

Common Scenarios Where a Pedestrian Could Be Found At Fault for a Car Accident in PA

While every case is unique, certain behaviors are frequently cited as evidence of pedestrian negligence. An experienced legal team will investigate whether any of these factors played a role in the incident.

Jaywalking and Improper Roadway Crossings

The term "jaywalking" is often used to describe crossing a street outside of a designated crosswalk. While not always illegal, Pennsylvania law specifies that when a pedestrian crosses a roadway at any point other than within a marked crosswalk or an unmarked crosswalk at an intersection, they must yield the right-of-way to all vehicles.

If a pedestrian steps into the street mid-block and forces a driver who is obeying the speed limit to brake suddenly, a significant portion of the fault could be placed on the pedestrian. The key is whether the driver had a reasonable opportunity to see the pedestrian and avoid the collision.

Ignoring Traffic Signals and Signs

This is one of the most straightforward examples of pedestrian negligence. If a person enters an intersection while the pedestrian signal shows a flashing or solid "Don't Walk" hand, they are acting in direct violation of traffic laws. Similarly, ignoring the directions of a police officer or a school crossing guard can place a pedestrian at fault.

Darting into Traffic

A "dart-out" accident happens when a pedestrian suddenly moves into the path of a vehicle, leaving the driver with no time to react. These incidents are common in situations involving

• Children chasing a ball into the street.
• A person emerging from between two parked cars.
• An individual running into the road without looking.

Even if a driver is traveling at a safe speed, it may be physically impossible to stop in time to prevent a dart-out collision. In these scenarios, the pedestrian’s abrupt and unforeseeable action is often deemed the primary cause of the accident.

Walking While Distracted or Impaired

Just as distracted driving is a menace, distracted walking poses a serious danger. A pedestrian who is looking down at their phone, wearing noise-canceling headphones, or otherwise oblivious to their surroundings is not exercising reasonable care. Their senses are compromised, making them less likely to see or hear an approaching vehicle.

Likewise, intoxication can severely impair a pedestrian’s judgment, coordination, and reaction time. According to some reports, a significant percentage of pedestrian fatalities involve an intoxicated pedestrian. If a toxicology report shows that a pedestrian was under the influence of alcohol or drugs, it will almost certainly be used as evidence of their negligence.

Walking in Prohibited Areas: When You Need a Pedestrian Accident Attorney in Pennsylvania

Certain roadways are built exclusively for vehicular traffic and are unsafe for pedestrians. Walking along highways, interstates, bridges, or exit ramps where pedestrian access is explicitly forbidden is a clear breach of a pedestrian’s duty of care. Should an accident occur in one of these locations, it is highly probable that the pedestrian will be found to be more than 50% at fault. If you find yourself in this complex situation, consulting a pedestrian accident attorney in Pennsylvania is a necessary step to understand your rights.

Gathering Evidence: What a Pedestrian Accident Lawyer in PA Will Investigate

Because fault is determined by the specific facts of the case, a thorough investigation is paramount. An experienced pedestrian accident lawyer in PA will move quickly to preserve and analyze all available evidence to build the strongest possible case.

Police Reports

The official police report is often the first piece of evidence reviewed. It will contain the officer's initial observations, diagrams of the scene, statements from the parties involved, and any citations issued. While not always the final word on fault, it provides a critical starting point.

Eyewitness Testimony

Independent witnesses with no stake in the outcome can provide powerful, objective accounts of what happened. A skilled investigator will identify and interview witnesses to get their perspective on the driver's speed, the pedestrian's location and direction of travel, and the general conditions at the time of the crash.

Video Surveillance

In today's world, cameras are everywhere. Footage from traffic cameras, nearby business security systems, or even residential doorbell cameras can provide indisputable proof of how an accident unfolded. This evidence can instantly clarify disputes about traffic signals, right-of-way, and the actions of both the driver and the pedestrian.

Accident Reconstruction Experts

In complex cases, a pedestrian accident attorney may hire an accident reconstruction expert. These professionals use principles of physics and engineering to analyze physical evidence like skid marks, vehicle damage, and the final resting positions of the vehicle and pedestrian to scientifically determine factors like speed, impact angles, and reaction times.

The Physical Evidence

The location and nature of the damage to the vehicle, the pedestrian’s injuries, and any debris at the scene can all tell a story. This physical evidence helps reconstruct the sequence of events and can either support or contradict the narratives provided by those involved.

What Happens When Both the Driver and Pedestrian Share Fault?

Let’s return to Pennsylvania’s modified comparative negligence rule with a practical example. Imagine a pedestrian is crossing the street a few feet away from a crosswalk while looking at their phone. A driver, who is going 10 miles per hour over the speed limit, strikes the pedestrian.

After an investigation, a jury might determine the following:

• The pedestrian was 30% at fault for being distracted and failing to use the crosswalk properly.
• The driver was 70% at fault for speeding, which reduced their ability to stop in time.

If the total damages for the pedestrian’s injuries, lost wages, and pain and suffering are calculated to be $200,000, their final award would be reduced by their 30% share of the fault. They would receive $140,000 ($200,000 - $60,000).

Now, consider a different scenario. A pedestrian wearing dark clothing at night is intoxicated and stumbles off the curb directly into the path of a car. The driver was obeying all traffic laws. In this case, a jury could easily find the pedestrian 60% at fault. Because their fault exceeds 50%, they would be unable to recover any money from the driver.

Why You Still Need a Pedestrian Accident Attorney Even if You Think You Were Partially at Fault

It is a serious mistake to assume you don't have a case just because you believe you might have contributed to the accident. Your initial assessment of fault is often incomplete and may be incorrect.

Insurance companies have a financial incentive to place as much blame as possible on the injured pedestrian. They will use your statements, medical records, and any available evidence to argue that your negligence was the primary cause of the incident. Without an expert advocate on your side, you may be pressured into accepting a lowball settlement or abandoning your claim altogether.

A seasoned pedestrian accident attorney in Pennsylvania understands the tactics insurance adjusters use. They know how to conduct a proper investigation to uncover evidence of the driver's negligence—such as speeding, distraction, or failure to yield—that you may not have been aware of. They can counter the insurance company's arguments and fight to ensure the percentage of fault assigned to you is fair and accurate, maximizing your potential recovery.

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

Navigating the aftermath of a pedestrian accident is challenging, especially when questions of fault arise. You do not have to face this process alone. At Brandon J. Broderick, Attorney at Law, we are dedicated to protecting the rights of injured individuals across Pennsylvania. Our team has the experience and resources to meticulously investigate your accident, challenge unfair blame, and pursue the full and fair compensation you deserve.

Do not let an insurance company dictate the value of your claim. Contact us for a free consultation to discuss the details of your case. We are available to assist you day or night.