Getting struck by a car while crossing the street outside a crosswalk can leave anyone in shock. If you were injured or lost someone you love in this situation, you might wonder what options exist for recovery and accountability. You may ask yourself, what happens if you’re hit by a car while jaywalking in PA? The answer depends on how Pennsylvania law handles shared fault between pedestrians and drivers.
While jaywalking may affect your case, it doesn’t always prevent you from seeking compensation. With legal guidance, many people in your position still recover financial support for medical bills, lost income, and other losses caused by a driver’s negligence. A Pennsylvania pedestrian accident lawyer can assess your situation and explain what steps to take next during a free consultation.
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Key Takeaways: Jaywalking Pedestrian Accidents in PA
- Pennsylvania follows a modified comparative negligence rule, meaning you can still recover compensation even if you were jaywalking, as long as you're not more than 50% at fault
- Jaywalking violations don't automatically bar you from receiving damages, but they will likely reduce your compensation percentage
- Drivers still have a duty to exercise reasonable care and watch for pedestrians, even when pedestrians cross illegally
- Insurance companies often use jaywalking as leverage to minimize settlements, making legal representation crucial for fair compensation
- Evidence such as witness statements, traffic camera footage, and accident reconstruction can help prove the driver shares fault regardless of jaywalking
Is Jaywalking Illegal in Pennsylvania?
Pedestrians in Pennsylvania must follow specific laws that dictate when and where they can cross the road. Although jaywalking might seem like a minor offense, it can still influence how fault is assigned after a crash.
Pennsylvania's Pedestrian Crossing Laws
Pennsylvania law requires pedestrians to obey the same types of traffic control devices that apply to drivers. That means walking only when the “Walk” signal appears, yielding to vehicles when required, and using designated areas when available.
Pedestrians must also:
- Stay on sidewalks when present instead of walking along the roadway.
- Avoid suddenly stepping into traffic if an approaching vehicle cannot stop safely.
- Yield to vehicles if crossing outside a crosswalk or intersection.
- Walk on the left side of the roadway, facing traffic, when no sidewalk exists.
Even though jaywalking is technically illegal, it doesn’t automatically make the pedestrian entirely at fault. Drivers must always remain alert to avoid collisions, especially in busy urban corridors like Broad Street in Philadelphia or along Penn Avenue in Pittsburgh, where both drivers and pedestrians share crowded roadways.
Where Pedestrians Must Cross
In areas like Market Street in Philadelphia or Front Street in Harrisburg, pedestrians should use designated crosswalks or intersections. Crossing between parked cars or in areas with poor visibility can increase the risk of being hit. When a pedestrian crosses where crosswalks or signals exist nearby, they could be cited for jaywalking.
Penalties for Jaywalking in PA
Jaywalking in Pennsylvania typically results in a small fine. While this might not seem serious, the citation can affect how insurance companies view liability in an accident claim. The violation becomes evidence that the pedestrian contributed to the incident, even if the driver’s actions also played a role.
Can You Sue if You Were Jaywalking When Hit?
Getting hit by a car while jaywalking doesn’t automatically disqualify someone from pursuing damages. Pennsylvania law recognizes that multiple parties can share blame for a single crash.
Pennsylvania's Comparative Negligence Law Explained
Pennsylvania uses a rule called modified comparative negligence. In plain terms, this rule divides responsibility for an accident among everyone involved.
- If a pedestrian is less than 51% responsible, they can still recover damages.
- The amount of recovery decreases by their percentage of fault.
- A pedestrian who is 51% or more at fault cannot recover damages.
How Fault is Determined in Pedestrian Accidents
Investigators, attorneys, and insurers look at several factors to determine fault, including:
- Traffic signals: Whether the pedestrian or driver ignored a light or sign.
- Visibility: Whether weather or lighting made it hard for the driver to see.
- Speed: Whether the driver exceeded the posted speed limit.
- Witness accounts: What bystanders observed about the moments before impact.
When Jaywalking Doesn't Bar Your Claim
Even though jaywalking violates traffic laws, a driver’s behavior often determines the outcome. Courts and insurance adjusters recognize that drivers owe pedestrians a higher level of caution. Children, elderly people, and individuals with disabilities receive additional protection because they may react slower.
A driver who speeds through a residential neighborhood near Germantown Avenue and fails to brake when seeing someone cross mid-block may hold the majority of fault despite the pedestrian’s unlawful crossing. The driver’s ability to prevent harm carries heavy weight in deciding liability.
Witness testimony also plays a key role. A bystander describing how a driver accelerated instead of stopping can make the difference between partial and primary fault assigned to the motorist.
How Does Jaywalking Affect Your Compensation?
The amount of compensation a pedestrian can recover depends largely on their percentage of fault. Insurance companies often argue that jaywalking makes the pedestrian mostly responsible, but evidence may tell a different story.
Calculating Fault Percentage
Insurers and courts assign fault percentages based on all available evidence. If you were found 30% at fault and your total losses equaled $100,000, you could still recover $70,000. That reduction reflects your share of fault under the comparative negligence rule.
Examples of Reduced Compensation
Imagine crossing near Broad and Erie in Philadelphia where no crosswalk exists. A driver speeding through the area hits you while texting. Investigators may find the driver 70% at fault and you 30%. Even though you crossed outside the crosswalk, the driver’s reckless behavior outweighs your contribution.
The 51% Rule in Pennsylvania
Pennsylvania law draws a clear line at 51%. If your fault reaches or exceeds this level, you cannot recover damages. This rule makes strong evidence and effective legal representation especially important. Establishing that the driver carried most of the blame can mean the difference between partial recovery and none at all.
What Are the Driver's Responsibilities?
Even when pedestrians violate crossing laws, drivers still owe a duty of care to others on the road. Failing to follow that duty often leads to serious injuries or fatalities.
Duty of Care Owed to Pedestrians
Every driver must remain alert, obey traffic laws, and watch for people on foot. This includes slowing down near intersections, school zones, and bus stops. In places like Walnut Street near Rittenhouse Square, pedestrians often cross frequently, so drivers must anticipate their presence.
When Drivers Are Still Liable Despite Jaywalking
Drivers remain responsible if they had a reasonable opportunity to avoid hitting someone but didn’t. For instance, a motorist speeding through a residential neighborhood who strikes a pedestrian mid-block can still bear most of the blame. Courts expect drivers to react appropriately when they see someone crossing, even outside a crosswalk.
Common Driver Violations in Pedestrian Accidents
- Speeding: Exceeding limits reduces reaction time and increases impact force.
- Distracted driving: Texting or eating while driving often leads to missed pedestrian sightings.
- Failure to yield: Ignoring signals or signs at intersections puts pedestrians in danger.
- Driving under the influence: Impaired drivers struggle to recognize pedestrians soon enough to stop.
Proving the Driver Was at Fault
To hold a driver accountable after a pedestrian accident, strong evidence must show that their actions contributed to the collision.
Types of Evidence That Strengthen Your Case
- Witness statements: People nearby can describe how the crash occurred.
- Traffic camera footage: Video often captures the moments before impact.
- Medical records: These connect your injuries directly to the crash.
- Scene photographs: Images of skid marks, debris, or crosswalks reveal positioning and timing.
The Role of Police Reports
Police reports play a central role in pedestrian accident cases. They summarize officer observations, statements from drivers and witnesses, and sometimes diagrams of the crash. While they aren’t final proof of fault, they influence insurance adjusters and juries when evaluating responsibility.
Expert Testimony and Accident Reconstruction
Sometimes, accident reconstruction specialists examine skid marks, vehicle damage, and body positioning to determine speed and distance at the time of impact. Their findings often demonstrate that the driver could have stopped sooner or avoided the collision altogether.
Insurance Company Tactics in Jaywalking Cases
Insurance companies often exploit jaywalking as a way to reduce payouts. Knowing their strategies can help you protect your claim and avoid accepting less than you’re owed.
How Insurers Use Jaywalking to Deny Claims
Adjusters frequently claim that pedestrians who jaywalk are fully responsible for their injuries. They might argue that you entered the roadway suddenly, leaving the driver no chance to react. However, Pennsylvania law considers all contributing factors, and evidence may reveal that the driver still acted carelessly.
Common Settlement Lowball Strategies
Insurance companies often present early settlement offers that seem appealing but fall far short of covering medical costs or lost income. These offers rely on the assumption that injured pedestrians feel desperate for relief. Once a settlement is accepted, you typically can’t pursue more money later.
Why You Shouldn't Accept the First Offer
The first offer often doesn’t reflect the full scope of losses. A fair evaluation includes future medical needs, lost earning potential, and long-term limitations. Having an attorney review the offer can uncover missing compensation categories or miscalculated damages.
How Our Attorneys Can Help
The Oakes Firm assists pedestrians throughout Pennsylvania who were injured while crossing the road, even when jaywalking contributed to the crash. Our attorneys evaluate each case carefully and pursue the maximum compensation available under state law.
We focus on:
- Investigating the crash: Gathering traffic footage, phone records, and witness statements to show how the driver’s negligence contributed to the collision.
- Handling insurance communication: Responding to adjusters who try to shift blame unfairly or undervalue your claim.
- Working with medical professionals: Documenting the extent of your injuries and their impact on daily life.
- Calculating damages: Accounting for hospital bills, lost wages, rehabilitation, and other measurable losses.
- Negotiating settlements: Pressuring insurers to take responsibility for the driver’s actions. If they refuse, we prepare your case for trial.
Our attorneys understand that pedestrian crashes can disrupt every part of life. We aim to help clients rebuild stability and move forward by holding negligent drivers and insurers accountable.
Frequently Asked Questions About Getting Hit by a Car While Jaywalking
What if I was hit in a crosswalk but the light was red?
You might still recover damages if the driver could have avoided the collision. Running a red light or speeding can make the driver more at fault, even if you crossed against the signal.
Can I still get compensation if I was drunk while jaywalking?
Alcohol use might increase your percentage of fault, but it doesn’t automatically prevent recovery. If the driver’s behavior played a bigger role in the crash, you could still obtain partial compensation.
How long do I have to file a lawsuit for a pedestrian accident in Pennsylvania?
Pennsylvania generally allows two years from the date of the accident to file a personal injury claim. Missing that deadline could mean losing the right to pursue damages, so starting early helps preserve your case.
Will my health insurance cover my injuries if I was jaywalking?
Health insurance usually covers medical treatment regardless of fault. However, your insurer might seek reimbursement later from any settlement or judgment you receive from the driver’s insurer.
What if the driver says I jumped out in front of them?
Drivers often make this claim to avoid responsibility. Witnesses, traffic camera footage, and skid marks can counter that argument by showing the driver had time to stop or swerve.
Contact Our Pedestrian Accident Lawyers in Pennsylvania Now
Pedestrian accident claims in Pennsylvania involve strict deadlines and evidence that must be preserved quickly. Waiting too long can make it harder to prove fault or recover damages.
The Oakes Firm has experience handling jaywalking-related injury claims and holds negligent drivers and insurance companies accountable for the harm they cause. Our team helps clients gather evidence, document injuries, and pursue fair compensation for their losses.
Contact us today for a free consultation about your case. We can review what happened, explain your options, and help you move toward financial and personal recovery.