Pedestrian Liability for Car Crashes

kids in crosswalk during day Pedestrians are often not the ones at fault for a crash with a car. However, there can be exceptions to this general rule.

Below, learn more about some of those exceptions, along with the obligations of pedestrians under Pennsylvania law.

Duty of Care for Drivers and Pedestrians

A duty of care is an obligation to take reasonable steps to help prevent someone else from suffering an injury. Pedestrians and drivers have various duties of care on the road.

Some of the duties a driver has include the duty to:

Follow posted speed limits
Not drive while distracted
Not drive while impaired or drowsy
Follow all traffic signals, stop signs, and yield signs

Yield to pedestrians in crosswalks
Use a turn signal each time you make a turn
Take precautions given traffic and weather conditions

Pedestrians also have duties of care when crossing the street:

Use marked crosswalks
Follow the walk and do not walk signals at intersections
If there are no walk signals, follow the flow of the traffic lights

Do not dart out in between vehicles into traffic
Do not disrupt the flow of traffic
Make yourself visible to drivers

Pedestrian Laws in Pennsylvania

Title 75 of Pennsylvania statutes explains the duties drivers owe pedestrians and the duties pedestrians owe drivers when crossing the street.

Drivers must yield to pedestrians in marked or unmarked crosswalks at intersections when there are no traffic signals at the intersection. Vehicles trailing those stopped at a marked or unmarked crosswalk for a pedestrian cannot pass stopped vehicles.

Pedestrians are not allowed to step down off a curb or any other area where they are safe and run or walk in the path of an oncoming vehicle so close that an accident cannot be avoided. Pedestrians must use sidewalks when available.

If the pedestrian is using a sidewalk that is shared by motor vehicles, such as a driveway parking lot, or alley, the pedestrian has the right of way. If there is no sidewalk, the pedestrian must utilize the shoulder and walk as far from moving traffic as possible.

Pedestrians must yield the right of way to emergency vehicles. However, drivers of emergency vehicles must operate their vehicles with reasonable care for the safety of pedestrians.

Safety Tips for Pedestrians

When possible, pedestrians should make eye contact with drivers when entering a crosswalk. It is also recommended that pedestrians refrain from wearing earbuds or headphones when crossing the street. That way they can hear vehicles approaching or honking their horns.

Injured in a Pedestrian Accident? Contact Schmidt Kramer Today

Have you suffered an injury in a pedestrian vs. motor vehicle accident?

It is in your best interest that you consult with an experienced Harrisburg auto accident lawyer about your case. The injuries suffered in such a traumatic accident can change your life forever.

You may be eligible for compensation for your medical bills, rehabilitation costs, and loss of income. Our phone lines are open 24/7 to take your call and schedule a free initial consultation. (717) 888-8888

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Schmidt Kramer, P.C.partner Gerard C. Kramer won a personal injury action for $10,043,952.13 in Northumberland County on behalf of a volunteer firefighter who was the victim of Intentional Tort. The 50-year-old volunteer firefighter was seriously injured when a barn collapsed, causing a spinal injury which left him a paraplegic. The claim was brought against the arsonist who intentionally started the fire. It is believed that the verdict is the highest ever in Northumberland County.
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$4,034,000.00 Personal Injury
Yesterday a Judge in Union County (Lewisburg, PA) awarded a couple from New Berlin, Pennsylvania, over $4,000,000 because the husband was shot while turkey hunting.You might ask yourself, how does a turkey hunting accident end up with that type of verdict? In order to understand the verdict you would have to know our clients. They are good people who had their life wrecked. Plus, you would have to know the defendant, who should not have been hunting with a gun because he was prohibited after a previous criminal conviction.It is a good verdict, because the Judge was able to do two things with his decision. First, he communicated to two very good people that their losses were something that those of us on the outside could appreciate and value. Mike Hobbins (our client) is a 51 year old guy who lost his sight because a convicted felon --who should not have even possessed a gun-- went hunting illegally, and broke with impunity the most fundamental rule in hunting: identify your target before you pull the trigger. The Judge accepted the financial loss Mr. Hobbins' suffered, but listened closely to the evidence of less tangible losses. When Mike broke down on the stand, because his daughter would end up walking him down the aisle at her wedding, as opposed to how it was supposed to go, the Judge was listening. When Mike could not keep it together, because of how emasculating it was for him not to be able to provide financially for his family, the Judge was listening. It was facts like these that the Judge cited to support the $2,000,000 award for non-economic damages. Second, the Judge wanted to send a message. Union County is a hunting county. Many of the residents hunt there, and people from outside the area come to Union County to hunt. It was my impression, from the Judge's statements as he rendered his decision, that he wanted to send a message to the people in Union County to protect them in their sport. The rules in place to restrict people convicted of crimes not to have a gun are not to be broken. Hunting is serious and you have to identify your target before you shoot. When you turn your back on the rules that are set to provide safety in a sport, you risk being an example. Here, the $1,000,000 punitive damage award sends that message loud and clear.When it really comes down to brass tacks, the right action was taken against a Defendant who may never truly appreciate what kind of impact his reckless choices caused.At Schmidt Kramer, we are injury lawyers. That means we work with people who were hurt in car accidents, who were hurt by the neglect of nursing homes, or those that were seriously injured because of the reckless, thoughtless acts of others. If you or a loved one have been injured in Pennsylvania, we may be able to help. While the verdict yesterday is not one that is representative of every case we do, it does show that serious and dedicated representation can bring good results.Joe ChapmanJanuary 18, 2013
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On Monday, January 6, 2014, Schmidt Kramer accident lawyer Scott Cooper obtained a verdict on behalf of his client who is the widow of a man who died in a fiery crash on Interstate 78 in Lebanon County. The awarded verdict of $2.2 million was in a nonjury proceeding before a federal judge in the Middle District of Pennsylvania. That verdict includes $100,000 in punitive damages assessed against the owner of the trucking company.Kamilah Claxton won summary judgment in November after the defendants, Sukhwinder Singh and the trucking company for which he worked, failed to file a brief in opposition to Claxton's motion, which was made in September. The verdict in Claxton v. Singh was issued after the court held a non-jury assessment of damages earlier this month."Mr. Sukhchan Singh, the employer, is liable on the basis of respondent superior, but was also grossly negligent in failing to maintain his vehicle in compliance with state and federal law, particularly with regard to having required safety inspections and correcting defects in its braking equipment," said U.S. District Judge William W. Caldwell of the Middle District of Pennsylvania in his opinion accompanying the verdict."He was also grossly negligent in entrusting his vehicle to Sukhwinder Singh, an inexperienced truck driver who had failed the written test and driving test multiple times before finally earning his commercial driving license," Caldwell said.
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When Could a Pedestrian Potentially be Liable for a Car Accident?

Duty of Care for Drivers and Pedestrians

Pedestrian Laws in Pennsylvania

Safety Tips for Pedestrians

Injured in a Pedestrian Accident? Contact Schmidt Kramer Today