What Happens If You Hit a Jaywalking Pedestrian in Pennsylvania?

By Ben Gobel on October 17, 2024

Pedestrians are supposed to use designated crosswalks to cross streets. When they’re crossing the street outside of these designated areas, they’re illegally crossing, known as jaywalking. While those on foot should be cautious when crossing streets, drivers need to be alert and watch for pedestrians.

Pennsylvania does not have any laws on the books that explicitly prohibit pedestrians from crossing outside of crossing zones, which means you may be unsure what to expect if you hit a pedestrian. If you were jaywalking and were hit by a car, discuss your situation with a hit-by-car lawyer who can help protect your rights. 

Ogg, Murphy & Perkosky, P.C. is a law firm that handles cases involving pedestrian accidents. In this article, we discuss relevant traffic laws in the state and how they may impact your case.

Understanding Pennsylvania Pedestrian Traffic Laws

According to Pennsylvania Vehicle Code Subchapter C, specific pedestrian laws apply to all pedestrians. These were established to help keep pedestrians safe. All pedestrians are expected to exercise reasonable care when crossing any road. These laws are set to keep everyone safe and prevent accidents.

Obey Traffic Signals

To avoid being hit by a car, the law requires you to follow crossing signals and traffic control devices like stop signs. 

Pay Attention When Crossing

If a pedestrian fails to exercise caution when using a marked or unmarked crosswalk, they could be involved in an accident. Refrain from listening to your devices with headphones or earbuds when you attempt to cross. Additionally, you should yield the right of way to vehicles when you are crossing outside of a crosswalk. You must also yield the right of way to all emergency vehicles such as fire trucks or ambulances. 

Use Crosswalks and Sidewalks Whenever Available

When a pedestrian crosses any road, they should use a designated crosswalk if there is one available. If there are sidewalks on the street you’re walking, make sure you use those, too.

Know Your Rights

Pedestrians have the right of way when they cross roads or walk along them. Even if the traffic control devices are not functioning, drivers must take care to let pedestrians cross. Any pedestrian who is visually impaired and utilizes either a white cane or a seeing-eye dog should always be granted the right of way by all drivers on the road. 

If you are behind the wheel, exercise reasonable caution and stay focused. This will make you less likely to strike a pedestrian with your vehicle. Whether you are a driver or a pedestrian, you could bear fault for the accident. You must understand these traffic rules along with the legal implications of these car accidents. 

Legal Implications for a Pedestrian Accident in Pennsylvania

Every driver should do what they can to avoid hitting pedestrians. Fault for the accident will be determined by the police who arrive on the scene to review the circumstances and see if the driver was acting negligently.

Officers will assess the conditions of the road at the time of the crash, the point of impact and its location on the vehicle, and whether speeding was a factor. They’ll also take witness statements. Additionally, they will assess the visibility of the pedestrian in the accident 

The driver who causes a pedestrian accident may be subject to a traffic citation as well. It will depend on whether they were speeding, driving recklessly, failing to yield, or breaking other rules of the road. 

If you were the driver when this accident occurred, you may be subjected to license suspension, fines, and potential jail time, depending on your actions. Sometimes, there may be no way to avoid an accident with a pedestrian, and fault can even be shared.

If you were the pedestrian in this scenario, you have legal options that you can take beyond any criminal case that may arise with the driver. This would allow you to seek compensation and recover damages for your medical bills and other losses associated with your serious injuries.

Determining Fault and Negligence When Pedestrians Cross the Road Without Using Traffic Signals

Pennsylvania uses a modified comparative negligence rule when determining fault in an accident. Simply put, it means that if you are less than 50% at fault for the accident, you can still recover compensation for your injuries. The total amount you are awarded will be reduced by your percentage of fault. 

If you were crossing the street without a crosswalk even though there was one available and you got hit by a car, who would be at fault? If you were using the crosswalk, you would likely not receive any of the fault. However, if you cross where you shouldn’t and get hit by a car, both of you may be assigned some blame.

If they were breaking any traffic laws, the driver would be given the highest percentage of the blame, perhaps 90%. Meanwhile, you may be issued 10%, reducing your awarded compensation by this percentage. If the driver who hit you was over the legal BAC limit, it will be considered gross negligence, and will likely mean they are assigned an even higher level of fault. Still, it could be argued that if you had used a crosswalk, you would have been more visible, so you may see your compensation reduced slightly in that regard. 

What to Do If You’re Hit By a Car in Pennsylvania

Every situation is unique when it comes to pedestrian accidents. Speak to an attorney who offers a free consultation to determine what steps to take. Contact Ogg, Murphy & Perkosky, P.C. to schedule a free case evaluation and learn more.