As a pedestrian, remaining vigilant of your surroundings is key to remaining safe. However, accidents can happen despite your best efforts, resulting in medical bills, damages, and personal injury lawsuits. Below is more information about pedestrian accident liability and what to do if you’re involved in an accident.

Common Pedestrian Accident Liability Questions

When is the driver liable for a pedestrian accident?

If a driver hits a pedestrian and intentionally leaves the scene before the police and EMTs arrive, the motorist is at fault. Drivers who fail to slow down when a pedestrian falls in the road or experiences any other complication that makes it difficult for the individual to move out of the way are also liable.

When is the pedestrian liable?

While pedestrians have the right of way most of the time, there are instances where they’re liable for accidents. These laws depend on the state where the accident occurs. In Pennsylvania, for example, pedestrians have the right of way at both marked and unmarked crosswalks, but they cannot walk into the street without warning. Walking on streets, bridges, and highways while intoxicated also makes pedestrians liable.

Do both parties ever share the blame?

Yes. There are numerous instances when both parties are to blame, such as when a pedestrian darts out from behind a parked car and the driver is going too fast to react. Pedestrians who jaywalk wearing dark clothing and get hit by speeding drivers are also partially at fault. In Pennsylvania, you will still receive compensation for your injuries; however, how much depends on what percentage of the blame you share.

What type of compensation does the pedestrian receive?

Personal injury suits from pedestrian accidents can include compensation for current and future medical bills, lost wages, and emotional and mental toil. Suits must be filed before the statute of limitations expires in the state, otherwise, they will be considered void.

If you were injured by a vehicle, contact Bernard M. Tully Attorney at Law. Serving clients throughout the Greater Pittsburgh area for over 30 years, this attorney will help with personal injury, criminal law, and wrongful deaths. Call (412) 281-8700 to schedule a free personal injury consultation or visit the attorney online to learn more about his practice areas.