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Law Offices of Alvin F. de Levie
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Law Offices of Alvin F. de Levie
TALK TO ALVIN TODAY FOR FREE
(215) 696-3900

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LAW BLOG

Personal Injury: Motor Vehicle Accidents Involving Pedestrians

  • By Mike Bannan
  • 20 Sep, 2017

Liability in Motor Vehicle Accidents Involving Pedestrians

Over the last few months, local news outlets have been peppered with stories of pedestrians being tragically struck by motor vehicles. In recent years, victims include a tourist killed by one of Philadelphia's popular Duck Boats.

 

While the tragedies referenced above may seem like freak accidents, pedestrians are struck by motor vehicles more often than one might think in Pennsylvania. According to the Pennsylvania Department of Transportation's 2014 Crash Facts and Statistics, there were 4,001 motor accidents involving pedestrians in 2014, 166 of which were fatal. Over 70% of these accidents occurred while the pedestrians were either crossing the street or walking and jogging alongside the street.

 

Pedestrians are at an obvious disadvantage in these accidents, and the risk of catastrophic injury and death is high.

 

Who is Responsible When a Pedestrian is Struck by a Motor Vehicle?

Generally, drivers are responsible. Pennsylvania law generally grants the right of way to pedestrians. This preference is found both in statutory and case law.

 

5 Pa., C.S.A. S3542 provides that pedestrians shall have the right of way when they are crossing the street within a crosswalk (whether marked or unmarked) when there are no traffic signals. 75 Pa., C.S.A. S3547 gives pedestrians the right of way when traveling on sidewalk.

 

Thus, vehicles exiting driveways or parking lots must yield to any pedestrians before continuing out onto the road. Additionally, a voluminous number of cases, most notably Smith v. Pittman 152 A.2d 470 (1959), Pensak v. Peerless Oil Co., 166A. 792 (1933) and Giles v. Bennett, 148A.90 (1929) have held that pedestrians enjoy the right of way when lawfully crossing the street, and that they have a reasonable expectation that drivers will operate their vehicles safely and do their best to avoid mowing down pedestrians.

 

Given the support Pennsylvania law affords pedestrians, and the immense harm which a pedestrian may incur during an accident, it would seem that the driver is liable for harm in such cases. This is generally true, especially when the pedestrian is lawfully crossing the street and obeying all state and local traffic ordinances,

 

But...

 

Like most things in law and in life, determining liability in such accidents is not always so simple. While the law certainly weighs in favor of pedestrians, it expects them to use some common sense when crossing the street:

 

  • Pedestrians are generally required to take current traffic conditions into account while crossing the street. That is, you cannot cross the street without regard to any known or reasonably anticipated dangers presented by oncoming traffic.

 

  • Pedestrians also cannot always claim blind reliance on a traffic signal. If you have a green light and begin to cross despite the vehicle which is traveling toward you at a high rate of speed, the law may deem you partially responsible for an accident.

 

  • Pedestrians are also required to follow any state and local rules enacted for their safety. Thus, jaywalking, running out from behind parked cars and walking onto busy highways without sidewalks are all acts which may reduce the driver's liability.

 

A brief review of the local news reports on traffic accidents involving pedestrians will show that most of them are complicated. It is not often that attorneys see accidents involving unsuspecting pedestrians were lawfully crossing the street and meeting every expectation when they were suddenly run down by a motorist breaking every law on the books, more often, the facts must be carefully collected and analyzed to decide each party's relative contribution to the accident.

 

Even if the pedestrian is partially at fault, there is still hope of recovery. Pennsylvania has recently adopted the comparative negligence standard, which simply means that the courts determine the percentage of each person's negligence in a given case.

 

For example, if you were crossing the street lawfully and relying on the green light, but were not paying attention because you were focused on that favorite tune playing on your iPhone, it is possible a jury could find you 20 or 30% liable while finding the driver 80 or 70% liable. In either case, you would still be able to collect a large percentage of your damages from the driver.

 

The worst case of a motor vehicle accidents involving pedestrians are hit-and-run cases. This is when a pedestrian is hit, injured (or killed), but the person who caused the accident has fled the scene, leaving no trace of who they are so they do not get in trouble with the law.

 

You Need an Experienced Attorney

Determining liability in traffic accidents involving pedestrians can be incredibly complicated. If you or someone you know was hit by a motor vehicle while crossing the street or jogging, you need a skilled lawyer to help you determine the extent to which each party was at fault. Alvin F. de Levie, Esquire, has decades of experience trying complex cases. He can help you maximize your recovery, even if you were partially at fault. Contact us toll-free today at (844) 777-2529 to discuss your case.


Alvin F. de Levie is a 1973, Phi Beta Kappa graduate of the Pennsylvania State University and a 1976 graduate of the Villanova University School of Law. He is an expert in Pennsylvania Law revolving around medical malpractice and personal injury. 


Mr. de Levie has consistently been voted by his peers to receive Martindale-Hubbell's "AV Preeminent" 5.0 out of 5.0 rating. An AV Preeminent rating is the highest possible rating in both legal ability and ethical standards. 


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