Who Is Liable When a Pedestrian Is Involved in a Car Accident?

Pennlive.com recently reported on a series of car accidents involving pedestrians struck by cars on State Street in Harrisburg. The article details six accidents that occurred over the last year, five of which were fatal. Many of those interviewed for the article, including a state official, believe the disasters have to do with the way State Street was designed. The design results in poor visibility and encourages drivers to travel at excessive speeds despite the presence of a large number of pedestrians and cyclists.

While the number of incidents on State Street is alarming, pedestrian accidents aren’t exactly rare in Pennsylvania. According to the Pennsylvania Department of Transportation’s most recent statistics, there were 4,001 pedestrian accidents in 2015. Of those accidents, over 150 were fatal. Further, more than 70% of these accidents occurred while the pedestrian was walking jogging or crossing the street. With so many pedestrians being struck in Pennsylvania, we think it’s important to know your rights.

Who Is Liable for a Pedestrian Accident?

When a pedestrian is struck by a car, several individuals who may be liable.

The Driver: Obviously, the driver who struck the pedestrian may undoubtedly be held liable for the accident. Drivers have a duty under Pennsylvania law to mind their surroundings and to exercise reasonable care when driving their cars. Pennsylvania law also requires drivers to yield to pedestrians under certain circumstances, such as when they are crossing within marked crosswalks, even when traffic control devices like a green light might give the driver the right of way.

The Pedestrian: Unfortunately, sometimes the pedestrian involved in the accident shares some, if not all of the liability for the happening of the accident. Pedestrians are required to consider traffic conditions when crossing the street or walking along a road.

Pedestrians also cannot blindly rely on traffic signals. For example, if you have a green light and begin to cross the street even though you know cars are barreling down the road toward you, you will likely share in the liability for the accident. Pedestrians are also required to follow state and local rules regarding the use of the streets. For example, violating laws about jaywalking and walking onto busy highways without sidewalks will reduce the driver’s liability for the accident.

The Government: Sometimes, there is a possibility that the state or local government could be held liable for the accident. State and local governments are subject to “Sovereign Immunity,” which means they cannot be sued unless they consent to be sued. There are several situations where the government in Pennsylvania has consented to be sued, one of which is when an injury is caused by a “dangerous condition” on Commonwealth highways and sidewalks. However, this is an extremely high bar concerning pedestrian accidents. It is highly unlikely you will be able to meet your burden of proof that a local or state g government’s design of a highway or failure to include sidewalks is a “dangerous condition” brought about by the negligence of the state or local government.

Even in situations where the pedestrian shares some fault in the accident, Pennsylvania’s comparative negligence standard will likely allow the pedestrian to recover at least some of the damages owed. For example, it is possible a jury could find the driver 70% liable for the accident and the pedestrian 30% responsible. In such a case, the pedestrian would be allowed to recover 70% of whatever damages were awarded. Because Pennsylvania follows a “51% Comparative Negligence Rule,” you must be at least less than 51% responsible for the accident to collect damages.

What Should I Do If I Am Involved in a Pedestrian Accident?

If you have been involved in a pedestrian accident, you need to contact an experienced attorney right way. DO NOT DELAY! There is a Statute of Limitations in Pennsylvania requiring that any pedestrian accident lawsuit is started within two (2) years of the date of the accident which has caused your injuries. If you do not bring a suit within the applicable two-year period, any claim that you may have will be forever barred.

As we have discussed above, pedestrian accidents can be much more complicated than regular car accidents. In addition to your claim against the driver that struck you, you may have a negligence claim against the state or local government for poor planning or design of the roadway or failure to place appropriate traffic signals and controls. These cases are incredibly complicated and are often heavily litigated. They are also tough to prove. You need an experienced attorney to review the facts of your case to determine what kinds of claims you may make and identify the individuals and entities against which you can bring your claims. Your attorney also needs to have the resources and the perseverance to bring your case all the way to trial if necessary.

At the Law Office of Alvin F. de Levie, Esq., our team has years of experience handling cases for those who have suffered catastrophic injuries. We have managed cases from Philadelphia and the surrounding counties to Allegheny County, including Blair County, Centre County, Lycoming County, Montour County, Mifflin County, Cambria County, Cumberland County and Dauphin County. If you have suffered a catastrophic injury, please call our firm – 24 hours a day, seven days a week – at 844-777-2529 (Toll-Free) for a consultation. One of our team members will be in immediate contact with you, and all conversations are kept entirely confidential. We maintain offices throughout Pennsylvania in Philadelphia, State College, Bellefonte and Lock Haven, and we are willing to meet any clients throughout the Commonwealth.

As mentioned in the testimonials on our site, we are always available for our clients, whether in person, over the phone, via text or email. We travel throughout Pennsylvania, and we make it a priority to answer our clients' questions and to keep them informed of significant developments in their cases.