Do Pedestrians Always Have the Right-of-Way When Crossing the Street in PA?

The general assumption is that pedestrians always have the right of way over drivers when crossing the street. While drivers have a greater duty of care to prevent harm to residents, this does not release pedestrians from liability if they are partially responsible for the incident, such as by darting out into the road without looking. Pennsylvania’s pedestrian law defines legal responsibilities for both drivers and pedestrians.

If you were involved in a pedestrian vs. motor vehicle accident, we strongly recommend seeking legal help as soon as possible. An early investigation into the incident that injured you is critical, before key evidence gets lost, destroyed, or forgotten.

At Schmidt Kramer, when you need a knowledgeable car accident attorney in Harrisburg, we are here to help. Contact our law offices to discuss your situation. We are prepared to listen, to answer your questions, and to help you understand what legal options you may have.

Call our law offices to request a free consultation today: (717) 727-1403.

Do Pedestrians Always Have the Right-of-Way in Pennsylvania?

Pedestrians do not always have the right of way in Pennsylvania. While state law provides significant protection for pedestrians in many situations, it places specific responsibilities on pedestrians as well.

These responsibilities can have an impact on a pedestrian’s legal rights and ability to recover compensation after an accident. Pedestrians could be held responsible for a vehicle hitting them under circumstances that include:

• Suddenly darting out into the path of vehicles that are unable to stop in time.
• Illegally crossing streets; ignoring Pennsylvania’s pedestrian safety laws under the state vehicle code.
• Not yielding to oncoming traffic outside of designated crossing areas before stepping into the road.
• Walking while impaired by alcohol or drugs.

Pedestrians have the right of way in these specific scenarios:

• Controlled Intersections: Pedestrians have the right of way when there is a “WALK” signal or green light.
• Turning Vehicles: Drivers making turns must yield to pedestrians lawfully crossing, even with a green light
• Crosswalks: Both marked and unmarked crosswalks at intersections provide right-of-way protection.
• School Zones: When enhanced protections apply during the school zone’s specified hours.
• Disabled Pedestrians: Drivers must yield to blind pedestrians with white canes or guide dogs anywhere.

While pedestrians do have the right of way in the stated areas, it is important to recognize that it is never wise to walk into any street where there is traffic without first looking. Drivers may have become distracted, brakes can fail, and a host of other situations can occur. Walk defensively, by staying focused on traffic and others around you. Does the driver see you? Are they stopping? Texting and walking – or even walking and talking – can greatly distract you from what is going on around you, putting you at risk of being hit by a car, cyclist, or other motor vehicle.

Do I Have a Case If I Was Walking Illegally and Am Partially to Blame for the Crash?

If you are hit by a car while jaywalking in Pennsylvania, it does not automatically eliminate your right to compensation. However, it does create significant legal challenges that require careful navigation from an experienced lawyer to protect your rights.

Pennsylvania courts examine all circumstances, including the driver’s actions, speed, attention level, and ability to avoid the accident. If your attorney establishes the driver who hit you was distracted or impaired, for example, they may still be held primarily responsible for a crash involving a pedestrian.

Pennsylvania’s comparative negligence law means even if you were partially at fault for the accident that injured you, it may still be possible for you to recover some compensation. However, your degree of negligence must be less than 50 percent. If you were jaywalking when you were struck by a car and found to be 50 percent or more liable for what happened, you will not be able to recover any compensation.

For example, if you were 30 percent at fault for jaywalking and the driver was 70 percent at fault for speeding, you can recover 70 percent of your total damages.

Who Pays for My Damages If I Am Hit as a Pedestrian?

When you are hit as a pedestrian in Pennsylvania, multiple parties and insurance policies may be responsible for paying your damages. This depends on the circumstances of your accident and the degree of fault assigned to each party.

Several sources may cover your damage:

• Driver’s Liability Insurance: Provides primary coverage up to policy limits
• Your Auto Insurance: Uninsured/underinsured motorist coverage, medical payments, or PIP may apply even as a pedestrian
• Government Entities: Could be responsible if signal malfunctions, poor road design, or inadequate signage contributed to the crash that injured you

Pennsylvania Laws Designed to Protect Pedestrians in Crosswalks

Pennsylvania has specific laws designed to protect pedestrians in crosswalks. The state recognizes these areas as critical safety zones where vulnerable road users deserve maximum legal protection.

Pennsylvania Vehicle Code Section 3542 establishes the core right-of-way protection for pedestrians in crosswalks. This law requires drivers to yield the right-of-way to pedestrians crossing within any marked crosswalk and remain at a full stop until the pedestrian has safely crossed the road.

The protection extends beyond marked crosswalks. Unmarked crosswalks at intersections carry the same legal weight as designated crossing areas. This means pedestrians have the right-of-way when crossing within intersection areas even without visible markings.

Pennsylvania law also protects pedestrians who are “about to enter” crosswalks, meaning drivers must yield not just to pedestrians already crossing but also to those preparing to enter the crosswalk area.

Driver Duties and Responsibilities

Pennsylvania law imposes heightened duties of care on drivers in crosswalk areas:

• Increased Vigilance: Drivers must exercise extra care and maintain appropriate speeds near crosswalks
• Turning Vehicle Rules: Drivers making turns must yield to pedestrians crossing in their direction, even with a green light
• Anti-Passing Provision: Drivers cannot pass vehicles stopped for pedestrians in crosswalks
• Vulnerable Population Protection: Extra care is required around children, the elderly, and disabled pedestrians

What to Do Immediately After a Pennsylvania Pedestrian Accident

The first steps you take after being hit by a car help to ensure your safety, legal rights, and ability to recover compensation under Pennsylvania laws. Taking the proper steps can protect your health and strengthen your case, while making mistakes can jeopardize both.

Prioritize Safety and Medical Care

Your immediate safety takes priority over everything else. If you can move without risking further injury, get out of traffic to avoid being struck again. However, do not move if you suspect spinal injuries, severe fractures, or head trauma.

Call 911 immediately or ask someone else to call on your behalf. Request both police and emergency medical services, even if your injuries seem minor.

Accept ambulance transportation if paramedics recommend it. Refusing medical treatment can be used against you by insurance companies, who may argue that not seeking treatment means your injuries were not severe enough to justify compensation under Pennsylvania law.

Obtain Police Documentation

Pennsylvania law requires police reports for pedestrian accidents involving injuries, and having an official report significantly strengthens your case under the state’s legal framework. Be sure to clearly state you were hit as a pedestrian and that you need a police response when calling 911.

Protect Your Rights

Pennsylvania’s insurance landscape creates specific considerations for pedestrian accidents:

• No-fault benefits: Contact your auto insurance immediately, as Pennsylvania’s limited no-fault system may provide medical benefits regardless of who caused the accident
• Recorded statements: Avoid giving statements to the at-fault driver’s insurance without legal counsel, as Pennsylvania’s comparative negligence law makes your statements particularly important for fault determination

Seek Medical Care

Pennsylvania courts and insurance companies closely examine medical treatment patterns in pedestrian cases. Schedule follow-up appointments even if emergency room doctors cleared you, as gaps in treatment can be used to argue your injuries were not serious.

Document all symptoms immediately, as Pennsylvania law allows recovery for pain and suffering, but you must prove these damages through medical records. Many pedestrian accident injuries like concussions and soft tissue damage do not show immediate symptoms but can cause serious long-term problems.

Call Schmidt Kramer After You Have Been Involved in a Pedestrian-Related Accident in Harrisburg

Every case is unique, and pedestrian cases can be especially complex. The smallest circumstances, like where you were crossing the road and who had the right of way can significantly impact how much compensation you can recover.

Hiring a lawyer after being involved in a collision helps to ensure your rights are protected. Contact Schmidt Kramer today to discuss your situation and explore your legal options. There are no upfront costs or out-of-pocket fees to pay when we represent you.

Our firm is here to support you. (717) 727-1403