If a motorist hit you while you were walking in a crosswalk, understanding your legal rights and options can help you determine how to proceed. Pennsylvania law requires motorists to yield to pedestrians in crosswalks. Violating this law could be a form of driver negligence that enables you to pursue damages.
Learn the rights of pedestrians hit in a crosswalk in Philadelphia and times when a pedestrian might share partial liability for this type of accident.
Exploring Your Legal Rights After a Crosswalk Accident
If you were crossing the street at a crosswalk when a motorist struck you, you might be eligible to pursue an injury claim through your own insurance or the driver’s insurance, depending on the circumstances of the accident and applicable coverages.
Pedestrians are often covered by personal injury protection (PIP) insurance. If you have this form of coverage on your auto policy, you may be able to apply it toward your pedestrian accident. If not, the driver’s PIP coverage may apply.
If PIP insurance does not fully compensate you for your injuries, you may have other options, such as filing an uninsured/underinsured motorist claim through your auto insurance. You may also consider filing a personal injury lawsuit against the at-fault driver to seek compensation for both economic and non-economic damages, such as pain and suffering.
An experienced pedestrian accident attorney can help you understand your options after an accident.
Factors Impacting Your Potential Pedestrian Accident Claim
Several factors might impact the strength of an injury claim against the driver, if warranted. These may include:
- Whether the driver applied the brakes: If the driver did not attempt to stop, this could be an example of gross negligence, which may help strengthen your case against them and give rise to higher damages.
- Whether the driver left the accident scene: If the driver fled the scene, this could be considered a hit-and-run accident. You may have trouble locating the at-fault driver and pursuing a claim.
- Whether any witnesses saw the accident: Witness testimony can serve as vital evidence after a pedestrian is hit in a crosswalk. For example, they could testify that you were crossing at the crosswalk and gave the driver ample time to stop.
- The severity of your injuries: If the accident left you with severe injuries, you may have grounds to pursue a higher settlement from the driver.
This is why it is important to speak with an attorney after a crosswalk injury to better understand your legal rights and the strength of a potential claim.
When Might a Pedestrian Share Liability for a Crosswalk Accident?
While motorists are legally required to yield to pedestrians in a crosswalk, there may be times when a pedestrian shares at least partial liability for this type of accident.
- They did not give the driver ample time to stop. If a pedestrian ran out into a crosswalk and the driver did not have time to stop, the pedestrian might be liable for their own injuries.
- They were wearing dark clothing and crossing at night. If the driver could not reasonably see the pedestrian, the insurance company may argue that the driver is not fully liable for the accident.
- They were crossing when the red hand was flashing. Pedestrians need to follow traffic signals. Crossing when the red hand is flashing could be a right-of-way violation.
Under Pennsylvania’s modified comparative negligence system, you may still have the right to seek damages as long as your percentage of fault is 50% or less.
Seek Legal Guidance After a Pedestrian Accident
If you were hit in a crosswalk as a pedestrian, our attorneys at Ostroff Godshall Injury and Accident Lawyers can help you understand your options. Call 855-296-3413 for a free case review.
Frequently Asked Questions (FAQ):
Q: What are a pedestrian’s rights after being hit in a crosswalk in Philadelphia?
A: Pedestrians have rights to pursue injury claims through insurance or by filing a personal injury lawsuit against the at-fault driver, as Pennsylvania law requires motorists to yield to pedestrians in crosswalks.
Q: What factors impact a pedestrian accident claim?
A: Factors impacting a claim’s strength include whether the driver applied brakes, left the scene, witness testimony, and the severity of the pedestrian’s injuries.
Q: Can a pedestrian be partly at fault for a crosswalk accident in Pennsylvania?
A: Yes, a pedestrian can share partial liability if they didn’t give the driver ample time to stop, were not reasonably visible (e.g., dark clothing at night), or violated traffic signals. However, under Pennsylvania’s modified comparative negligence system, you may still seek damages if your fault is 50% or less.
