Determining Liability
When seeking compensation for your pedestrian accident injuries, determining liability remains is essential for the injury claims process. Pennsylvania is a no-fault state. No-fault means that each driver's insurance or Personal Injury Protection (PIP) coverage will pay for the medical bills and other out-of-pocket expenses of anyone covered under the policy, regardless of the at-fault party.
To cover these accident-related expenses, Pennsylvania drivers are typically obligated to carry insurance coverage with the following limits:
- $5,000 in first-party medical benefits coverage for the policyholder and other persons covered under the policy.
- $15,000 liability coverage for bodily injury per person per accident.
- $30,000 liability coverage for total bodily injury per accident.
- $5,000 in property damage liability coverage.
However, driver errors, including speeding, distracted driving, and failure to yield the right-of-way to a pedestrian, increase the risks of pedestrian accidents. Our experienced attorneys can enlighten you about the right of way rules and the responsibilities of pedestrians to mitigate traffic crashes.
Right of Way Rules
In the Commonwealth of Pennsylvania, pedestrians have the right of way in crosswalks. According to Pennsylvania Consolidated Statutes Title 75 Section 3542(a),
"When traffic-control signals are not in place or not in operation, the driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection."
Pedestrian's Responsibilities
In Pennsylvania, pedestrians have the following responsibilities:
- Pedestrians must obey all traffic control signs and signals.
- Pedestrians must follow instructions from police officers or traffic controllers.
- No pedestrian shall leave a curb – or a place of safety – suddenly and walk or run into the path of a vehicle.
- When available, pedestrians should always use sidewalks.
- If there are no sidewalks, pedestrians must use the shoulder or the outside of the road.
- Jaywalking is not permitted unless directed by a police officer or traffic controller.
- Pedestrians must yield to emergency vehicles.
- Hitchhiking – solicitation for a ride – is prohibited.
If you or a loved one is a victim of a pedestrian accident caused by another person's negligence or carelessness, contact our experienced personal injury attorneys immediately.
Fault Determination
In Pennsylvania, accident victims can opt-out of the no-fault system and file a lawsuit against the at-fault party if their injuries meet the "serious injury" threshold. Under Pennsylvania law, a serious injury is a personal injury resulting in death, serious impairment of body function, or permanent serious disfigurement.
To determine fault, you (the plaintiff) must show that:
- The at-fault party owed you a legal duty of care.
- The at-fault party breached the duty of care owed.
- The at-fault party's negligent or careless actions caused your injuries.
- You suffered either injury, harm, or loss.
Modified Comparative Fault State
Furthermore, the Commonwealth of Pennsylvania operates using the modified comparative negligence system, with a 51% bar. Under the principle, a plaintiff's contributory negligence will not bar their ability to seek damages, provided that their share of negligence is not more than (50% or less than) the defendant's causal negligence. However, the amount of compensation that may be recovered will be reduced by the plaintiff's percentage of fault.
Damages Available
Additionally, pedestrian accident victims in Pennsylvania may recover the following damages by filing an injury claim:
- Medical expenses, including future medical costs related to the injury
- Lost wages and other benefits
- Therapy for both physical and mental-related issues
- Loss of enjoyment of life
- Property damage
- Reduced earning capacity
- Damages for physical pain and suffering
- Mental anguish and emotional distress
- Wrongful death damages, where applicable
An experienced lawyer can help recover the financial justice you deserve and ensure that you file your injury claims before the deadline for filing.
Statute of Limitations
According to the Pennsylvania pedestrian accident statute of limitations, an action to recover damages for personal injury must be commenced within two (2) years from the date of your accident or injury. Also, a wrongful death action must be brought within two (2) years from the date of the victim's death.
