Is the Driver Always at Fault in a Pedestrian vs Car Accident?

Determining fault in pedestrian-vehicle accidents involves complex factors, as both drivers and pedestrians have specific responsibilities when using roadways. Pennsylvania’s comparative negligence law helps establish liability when both parties may share responsibility for an accident.

Understanding Fault in Pedestrian-Vehicle Accidents

Understanding road rules is critical for both drivers and pedestrians to navigate traffic situations. Drivers must yield right-of-way to pedestrians in crosswalks and be vigilant, especially in heavy traffic areas. Pedestrians must obey traffic signals, cross at designated crosswalks, and remain alert.

Pennsylvania’s Comparative Negligence Law

The law in Pennsylvania follows the approach known as comparative negligence. This means that if the pedestrian and driver are partially at fault in the event of a car accident, the damages recovered in the lawsuit may be reduced depending on the percentage of fault allocated to each. For instance, if a pedestrian is found to be 30% at fault for an accident, their compensation may be reduced by that percentage.

Scenarios Where Drivers Are Typically at Fault

Drivers are often held liable for situations like failing to yield, speeding, distracted driving, and disregarding traffic signals, such as failing to yield, speeding, texting, or running red lights, which can lead to accidents.

Situations Where Pedestrians May Share Responsibility

There are also scenarios where pedestrians may bear some responsibility for an accident, such as:

• Jaywalking: Crossing the street outside of designated crosswalks can lead to accidents.
• Ignoring Signals: Failing to obey traffic signals or crossing when a “Don’t Walk” signal is displayed.
• Sudden Movements: Entering the roadway unexpectedly without looking can catch drivers off guard.

Unsure about fault in your pedestrian accident? Contact Munley Law for a free case evaluation. Our experienced team of Pennsylvania pedestrian accident lawyers can help you guide you through your case and ensure your rights are protected.

Common Causes of Pedestrian-Vehicle Collisions

Pedestrian-vehicle collisions may result from a variety of reasons, usually due to a combination of different driver and pedestrian actions.

Distracted Driving and Walking

Distractions, such as phones and mobile devices, can reduce drivers’ ability to notice pedestrians and increase the risk of collisions, as they can lead to increased distractions.

Failure to Yield Right-of-Way

Drivers often fail to yield the right-of-way, increasing the likelihood of pedestrian accidents. Pedestrians expect drivers to follow traffic laws designed to protect them, and failure to do so increases the risk of collisions.

Speeding and Reckless Driving

Excessive speed (and even slow speeds), reckless driving behaviors, and reduced stopping distance contribute to accidents, resulting in increased pedestrian injuries.

Impaired Driving or Walking

Driving or walking under the influence of alcohol or drugs significantly impairs judgment and reaction times. Impaired drivers may struggle to recognize pedestrians or respond appropriately, while impaired pedestrians may misjudge distances or fail to cross safely.

Munley Law is dedicated to investigating pedestrian accidents, protecting rights, and ensuring compensation for victims.

Pedestrian Accident Statistics in Pennsylvania

Analyzing pedestrian accident data reveals critical patterns about when and where these incidents occur, who is most at risk, and how we can better prevent them.

Frequency of Pedestrian Accidents

According to the Pennsylvania Department of Transportation (PennDOT), there were approximately 3,331 pedestrian accidents reported in the state in 2023 — and 186 were fatalities — marking a slight decrease from previous years.

High-Risk Areas and Times for Pedestrian Collisions

Urban areas with high foot traffic, such as Philadelphia and Pittsburgh, are more susceptible to pedestrian accidents, particularly at intersections and crosswalks. The risk increases during evenings and weekends when drivers and pedestrians may be more distracted.

Demographic Trends in Pedestrian Accidents

Demographic analysis reveals that older adults and children are more susceptible to pedestrian accidents due to slower reaction times or visibility issues. In contrast, male pedestrians are more involved in accidents due to higher risk-taking behavior.

If you’ve been injured, consult with Munley Law to understand your legal options.

Typical Injuries in Pedestrian-Vehicle Accidents

Compared to accidents involving motor vehicles only, pedestrian-vehicle accidents have more serious injuries involved.

Common Types of Injuries Sustained

Injuries from pedestrian accidents can vary widely, but some of the most common include:

• Fractures: Broken bones, particularly in the legs, arms, and pelvis, are frequent due to the force of impact.
• Head Injuries: Traumatic brain injuries (TBIs) can occur, leading to long-term cognitive issues and disabilities.
• Spinal Cord Injuries: Damage to the spine can result in partial or complete paralysis.
• Soft Tissue Injuries: Sprains, strains, and bruises are common and can lead to prolonged pain and mobility issues.
• Internal Injuries: Damage to organs can occur, which may not be immediately apparent and can have serious health consequences.

Long-Term Impacts of Pedestrian Accident Injuries

The effects of these injuries can be catastrophic and long-lasting, impacting an individual’s quality of life. Survivors may face chronic pain, permanent disabilities, and mental health challenges such as anxiety or depression. Many will require ongoing medical treatment, rehabilitation, and modifications to their daily activities, which can lead to significant financial burdens.

Importance of Immediate Medical Attention

Seeking immediate medical attention after an accident is important, even if injuries appear minor. Some injuries, particularly internal ones or concussions, may not present symptoms right away. Early diagnosis and treatment can improve outcomes and prevent complications, ensuring that victims receive the necessary care for their recovery.

If you’ve been injured in a pedestrian accident, an experienced attorney at Munley Law can help protect your rights, guide you through the legal process, and fight for the compensation you deserve.

Steps to Take After a Pedestrian-Vehicle Accident

Experiencing a pedestrian-vehicle accident can be overwhelming. Knowing the essential steps to take immediately afterward can help protect your rights and support your recovery.

Immediate Actions at the Accident Scene

• Ensure Safety: If possible, move to a safe location away from traffic. If you’re unable to move, signal for help.
• Call 911: Report the accident to the authorities. Medical assistance may be needed for injuries.
• Check for Injuries: Assess your own condition and check on others involved. Prioritize calling for medical help for anyone injured.

Importance of Gathering Evidence and Witness Information

Collecting evidence at the scene is crucial for any potential legal claims. Take the following steps:

• Photographs: Capture images of the accident scene, vehicle positions, and any visible injuries.
• Witness Information: Gather names and contact details of any witnesses who can provide statements about the incident.
• Documentation: Write down details about the accident, including time, location, and environmental conditions (like weather or visibility).

When and How to Report the Accident

After ensuring everyone’s safety and gathering information, you need to report the accident:

• File a Police Report: Make sure a police report is filed, as this document will be important for any legal or insurance proceedings.
• Notify Your Insurance: Contact your insurance company to report the incident and provide the necessary information. This should be done as soon as possible.

Munley Law helps victims of pedestrian accidents understand their next steps, protect their legal rights, and seek fair compensation for their injuries. Call today for a free case review.

Determining Compensation in Pedestrian Accident Cases

Compensation in pedestrian accident cases is highly important for victims seeking justice. Several types of damages are available, influenced by various factors.

Types of Damages Available to Pedestrian Accident Victims

Victims of pedestrian accidents may be entitled to several types of damages, including:

• Medical Expenses: Compensation for all medical costs related to the accident, including hospital stays, surgeries, rehabilitation, and ongoing care.
• Lost Wages: Reimbursement for income lost due to missed work as a result of injuries, including future earning potential if the injuries impact long-term employment.
• Pain and Suffering: Compensation for physical pain and emotional distress resulting from the accident and subsequent injuries.
• Property Damage: Reimbursement for any personal property damaged in the accident, such as clothing or personal items.

Factors Affecting Compensation Amounts

The amount of compensation awarded in pedestrian accident cases depends on several key factors. The severity of injuries plays a major role, as more serious injuries typically result in higher medical costs and greater compensation for pain and suffering.

How much fault is attributed to each party can significantly impact the final compensation amount.

The length of medical treatment and rehabilitation also affects the total award since extended recovery periods often lead to higher medical expenses and more lost wages. Additionally, any pre-existing health conditions can complicate the claims process, as they may influence how the accident-related injuries are evaluated and compensated.

Impact of Shared Fault on Compensation

In Pennsylvania, the comparative negligence law means that if a pedestrian is found partially at fault for the accident, their compensation may be reduced by their percentage of fault. For example, if a pedestrian is deemed 20% responsible and their total damages amount to $100,000, they would receive $80,000.

Our dedicated team is here to fight for the compensation you deserve. Schedule a free consultation with Munley Law today.

Drivers who are involved in a pedestrian accident may face serious legal consequences depending on what circumstances surround the incident that led up to the collision.

Potential Civil Liabilities

In many cases, drivers may be held civilly liable for injuries sustained by pedestrians. This can lead to:

• Personal Injury Claims: Pedestrians may file lawsuits seeking compensation for medical expenses, lost wages, pain and suffering, and other damages.
• Negligence Claims: If the driver is found negligent—such as by failing to yield, speeding, or driving distracted—they may be held responsible for the accident and its consequences.

Criminal Charges in Severe or DUI-Related Cases

In more serious situations, drivers may face criminal charges:

• Vehicular Manslaughter: If a pedestrian is killed due to the driver’s reckless or negligent behavior, criminal charges may be pursued.
• Driving Under the Influence (DUI): If the driver is found to be intoxicated at the time of the accident, they can face severe criminal penalties, including fines, license suspension, and potential jail time.

Impact on Driver’s License and Insurance

The consequences of a pedestrian accident can also affect a driver’s license and insurance:

• License Suspension or Revocation: Depending on the severity of the incident and any criminal charges, the driver’s license may be suspended or revoked.
• Increased Insurance Premiums: Following an accident, especially if found at fault, the driver may experience significantly higher insurance rates or difficulty obtaining coverage in the future.

Call Munley Law for Your Pedestrian Accident Case

At Munley Law, we take a thorough approach to investigating pedestrian accidents, gathering evidence and witness statements to build a strong case. Our experienced team has a proven track record of success in securing compensation for injured pedestrians, with numerous success stories highlighting our dedication.

We prioritize client advocacy and personalized service, ensuring your rights are protected every step of the way. Experience the Munley Law difference in pedestrian accident representation. Contact us for a comprehensive case review today!