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Pedestrian accidents can be catastrophic, especially when caused by negligent drivers. If you’ve been hurt while walking in Green Tree, Porta-Clark & Ward are here to help you seek justice. Our experienced pedestrian accident lawyers will fight for fair compensation for your injuries, medical bills, and pain and suffering. Reach out to us at (412) 921-7350 for a free consultation.
How Crosswalk and Non-Crosswalk Accidents Affect Pedestrian Injury Claims
Pedestrian accidents can be life-changing, leading to severe injuries or even fatalities. When a pedestrian is hit by a vehicle, the location of the accident—whether in a crosswalk or outside of one—can significantly influence the outcome of the case. Understanding the role crosswalks play in a pedestrian injury claim is crucial for anyone involved in such an accident. It can affect liability, negligence, and the overall strength of a claim.
What Happens in a Crosswalk Accident?
Crosswalks are specifically designed areas where pedestrians are given the right of way. These designated zones typically include marked lines on the street, signs, or signals that indicate where pedestrians should cross. When an accident happens in a crosswalk, the legal presumption is that the pedestrian has the right of way. Drivers are expected to stop and allow pedestrians to cross safely.
However, even in crosswalk accidents, the specific circumstances surrounding the crash will play a major role in determining liability. Here’s how the factors involved in crosswalk accidents could affect a pedestrian’s injury claim:
Driver’s Duty to Yield
In most states, including Pennsylvania, drivers are required by law to yield to pedestrians who are in a crosswalk. If a driver fails to yield and causes an accident, they may be considered negligent. The pedestrian’s claim can be supported by the clear violation of this duty. In these cases, it is likely that the driver will be found at fault, unless there are other complicating factors.
For example, if the driver was distracted, running a red light, or speeding, these behaviors will strengthen the pedestrian’s case. Documentation of the driver’s actions—such as traffic camera footage, eyewitness testimony, or a police report—can help prove the driver’s negligence.
Pedestrian’s Behavior
Even though pedestrians have the right of way in crosswalks, they still have a duty to exercise caution while crossing. If the pedestrian was jaywalking, crossing at an illegal location within the crosswalk, or not paying attention, they could be partially responsible for the accident. In Pennsylvania, the concept of comparative fault applies, meaning that if the pedestrian shares responsibility for the crash, their compensation might be reduced.
For example, if a pedestrian crosses the street outside of the crosswalk or against the signal, the driver could argue that the pedestrian contributed to the accident, potentially reducing the damages awarded.
Traffic Signals and Road Conditions
Another important factor to consider is whether the traffic signals were functioning properly and whether road conditions were safe. If a crosswalk signal was not working or the visibility was poor due to weather conditions, the driver may have a valid argument for not being able to stop in time.
If the driver can prove that road conditions or malfunctioning signals contributed to the accident, it may affect the pedestrian’s claim. In some cases, this may lead to shared liability between the city or municipality and the driver.
What Happens in a Non-Crosswalk Incident?
Non-crosswalk pedestrian accidents, on the other hand, occur when a pedestrian is struck outside of a designated crosswalk or intersection. In these cases, the pedestrian does not automatically have the right of way. This can make it more challenging to establish liability, especially if the pedestrian is found to have been at fault for crossing in an unsafe or illegal location.
While pedestrians do not have the same legal protections outside of crosswalks, they still have some rights under Pennsylvania’s pedestrian laws. Here’s how non-crosswalk accidents can impact a claim:
Pedestrian’s Duty to Follow Traffic Rules
Pedestrians are required to follow certain rules when crossing the street outside of crosswalks. For example, they must yield to traffic when crossing in an area without a marked crosswalk, and they are not allowed to suddenly dart out into traffic. If the pedestrian violated these laws by crossing without caution or in an illegal location, the claim could be more difficult to prove.
In these cases, the driver may argue that the pedestrian was acting recklessly by entering the street outside of a crosswalk or not giving them enough time to stop. This can reduce the amount of compensation the pedestrian is entitled to, as the driver may argue they are not entirely at fault.
Driver’s Negligence
Even in non-crosswalk accidents, drivers still have a responsibility to exercise caution. If the driver was speeding, driving distracted, or not paying attention to the road, they could still be found negligent and liable for the accident. Just because the pedestrian wasn’t in a crosswalk doesn’t mean the driver has the right to disregard their safety.
For instance, if a driver fails to notice a pedestrian in the road at night or in a poorly lit area, they may still be responsible for the accident. In these situations, the driver’s failure to act reasonably and safely can still make them liable for the injuries caused.
Traffic Conditions and Visibility
In non-crosswalk accidents, traffic conditions and visibility play an important role. Poor lighting, obstructed views, or high traffic volumes can make it difficult for drivers to see pedestrians. However, this doesn’t absolve the driver from responsibility, especially if they failed to slow down or keep a proper lookout for pedestrians. If the accident occurred in an area where pedestrians are commonly seen, the driver should have been prepared to stop, even outside of a crosswalk.
Impact of Comparative Fault in Pedestrian Claims
Pennsylvania follows a comparative fault system, which means that both the pedestrian and the driver can be assigned a percentage of fault for the accident. This is particularly important in cases involving non-crosswalk accidents, where the pedestrian may have crossed in an unsafe location. In these situations, the pedestrian’s degree of fault can reduce the amount of compensation they are entitled to.
For example, if the pedestrian was crossing the street outside of a crosswalk but was only partially at fault for the accident, they could still receive compensation. However, their compensation would be reduced based on their percentage of fault. If the pedestrian is found to be 20% responsible for the accident, their damages would be reduced by that percentage.
How Evidence Plays a Role in Pedestrian Claims
In both crosswalk and non-crosswalk accidents, the evidence collected at the scene is vital to determining fault and supporting your claim. Key pieces of evidence include:
- Eyewitness testimony – Statements from people who saw the accident can help clarify how the incident unfolded and who is at fault.
- Surveillance footage – Traffic cameras or nearby businesses with security cameras may have footage of the accident.
- Police report – A police officer’s assessment of the scene can provide valuable information about the accident and any contributing factors.
- Accident reconstruction – In some cases, an expert may need to reconstruct the accident to understand how the crash occurred and whether the driver or pedestrian was at fault.
Having clear, reliable evidence is essential in proving your case and ensuring that you receive the compensation you deserve.
A Pedestrian Accident Attorney Who Will Stand by Your Side
Pedestrian accidents can have life-changing consequences, but you don’t have to handle the aftermath alone. If you or a loved one has been involved in a pedestrian accident, it’s important to consult with an experienced personal injury lawyer in Green Tree who can help you navigate the complexities of the case. Porta-Clark & Ward in Green Tree will fight to hold negligent drivers accountable and help you recover the compensation you need. Call (412) 921-7350 today to speak with a skilled pedestrian accident attorney and take the first step toward justice. With the right legal representation, you can ensure that your rights are protected.