Pedestrian accidents are a common occurrence in Pennsylvania, and jaywalking plays a significant role in some of these incidents. While pedestrians generally have the right of way in designated crosswalks, the situation becomes more complex when someone is hit while jaywalking. If you were struck by a vehicle outside a designated crossing area, you may wonder whether you have a valid personal injury claim. The answer depends on multiple factors, including fault, Pennsylvania’s comparative negligence laws, and the specifics of the accident.

Understanding Pennsylvania’s Pedestrian Laws

In Pennsylvania, pedestrian laws are outlined under Title 75, Section 3542 of the Pennsylvania Vehicle Code. These regulations state that drivers must yield to pedestrians in marked and unmarked crosswalks at intersections. However, pedestrians are also required to follow traffic signals and use designated crossing areas when available.

Jaywalking, which typically refers to crossing a street outside of a marked crosswalk or against a traffic signal, is not explicitly illegal in Pennsylvania. However, state law does require pedestrians to yield to vehicles when crossing outside a crosswalk. This means that if you jaywalk and get hit by a car, you may share some degree of fault for the accident.

Comparative Negligence in Pennsylvania

Pennsylvania follows a modified comparative negligence rule under 42 Pa. C.S.A. § 7102. This means that you can still recover compensation for an injury as long as you are not more than 50% at fault for the accident. However, your compensation will be reduced based on your percentage of fault.

For example, if you were found to be 30% responsible for the accident because you crossed outside a crosswalk, and your total damages amounted to $100,000, your compensation would be reduced by 30%, leaving you with $70,000.

However, if you are deemed to be 51% or more at fault, you will be barred from recovering any compensation.

Factors That Determine Fault in a Jaywalking Accident

When assessing a pedestrian accident, courts and insurance companies evaluate several factors to determine liability:

• Location of the pedestrian: Were you crossing at an intersection, mid-block, or against a red light?
• Driver’s speed and actions: Was the driver speeding, distracted, or violating traffic laws?
• Visibility conditions: Was the pedestrian visible, or was the area poorly lit?
• Traffic signals: Did the pedestrian ignore a red light or walk signal?
• Driver’s ability to stop: Could the driver have reasonably avoided hitting the pedestrian?

If the driver was speeding, distracted, or under the influence, their liability could outweigh the pedestrian’s responsibility. Conversely, if the pedestrian ran into the street unexpectedly, they could bear a higher percentage of fault.

Possible Compensation in a Jaywalking Accident

If you can establish that the driver was partially at fault, you may be entitled to compensation for:

• Medical expenses (hospital expenses, rehabilitation, medication)
• Lost wages (if the injury stops you from working)
• Pain and suffering (physical and emotional distress)
• Permanent disability or disfigurement
• Wrongful death damages (if the injured party dies)

However, since Pennsylvania is a no-fault state for car insurance, your Personal Injury Protection (PIP) coverage will typically pay for your medical fess, regardless of fault, up to the policy limit. If your damages exceed this amount, you may need to file a third-party claim against the driver’s insurance or pursue a lawsuit.

What to Do If You Are Hit While Jaywalking

If you have been struck by a vehicle while you were jaywalking, taking the following steps can help protect your legal rights:

1. Seek medical attention immediately. Even if injuries seem minor, documentation is crucial for a claim.
2. Call the police and make sure an accident report is filed. This will serve as official evidence of the incident.
3. Gather evidence by taking photos and videos of the accident scene, injuries, and any traffic signals or signs.
4. Obtain witness statements if anyone saw the accident occur.
5. Do not admit fault or make statements to the driver’s insurance company before consulting an attorney.
6. Contact a personal injury lawyer to assess your legal options and determine the best course of action.

Defenses a Driver May Use Against Your Claim

If you file an injury claim after getting hit while jaywalking, expect the driver (or their insurance company) to argue that you were at fault. Common defenses include:

• You violated pedestrian laws by crossing outside a designated area.
• You suddenly entered the road, making it impossible for the driver to stop.
• The driver had the right of way, and you failed to yield.
• Your injuries were pre-existing and they were not caused by the accident.

An experienced attorney can counter these arguments by presenting evidence that the driver was negligent, such as distracted driving, excessive speed, or failure to brake in time.

When a Driver May Be Fully Liable

Even if you were jaywalking, there are circumstances where the driver could bear full responsibility:

• The driver was intoxicated and unable to react appropriately.
• The driver was texting and did not see the pedestrian.
• The area had poor lighting or inadequate pedestrian signage, making it unsafe for walkers.
• The driver ignored a stop sign or missed a red light before striking the pedestrian.

In such cases, the pedestrian’s fault may be minimal or nonexistent, strengthening their injury claim.

Conclusion

Being hit by a vehicle while jaywalking in Pennsylvania does not automatically bar you from filing an injury claim. Under the state’s comparative negligence laws, you may still recover damages if you are found to be 50% or less at fault. However, your compensation will be lowered based on your percentage of fault. The key factors in your claim will be the driver’s actions, traffic conditions, and available evidence.

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

Navigating Pennsylvania pedestrian accident claims can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.