Accidents involving vehicles and pedestrians often result in severe injuries. Pedestrians are considered vulnerable roadway users, and any collision with a vehicle that weighs thousands of pounds has the potential to result in catastrophic damage. It is not uncommon for drivers to cause pedestrian accidents, but there are times when pedestrians could be at fault for causing these incidents.
Pedestrians Generally Have the Right of Way
In general, pedestrians almost always have the right of way on Pennsylvania roadways. Drivers are required to yield to pedestrians in parking lots and at unmarked or marked crosswalks. However, this does not mean that there are absolutely no circumstances where a pedestrian could be at fault for a vehicle accident.
Some of the most common scenarios under which a pedestrian could be at fault, either completely or partially, for an accident include the following:
- Crossing the middle of the street or outside of the crosswalk (jaywalking)
- Crossing against a traffic signal (i.e., crossing when there is a “Do Not Walk” sign lit up)
- Entering a highway or street while intoxicated by alcohol drugs
- Walking along freeways, highways, causeways, or bridges where pedestrian access is prohibited
It could be the case that a pedestrian is completely at-fault for causing an accident. However, there is also a chance that both a driver and a pedestrian share fault for the incident. In these situations, Pennsylvania’s comparative negligence system will be important. Pennsylvania follows a “modified comparative negligence” system. This means that an individual can recover compensation so long as they are less than 51% at fault for their injuries. However, the total amount of compensation a person receives will be reduced based on their overall percentage of fault.
For example, if a pedestrian sustains $100,000 worth of medical bills and lost wages in a pedestrian accident, but it is determined that they were 40% responsible for the incident because they were texting and walking and failed to see a hazard, then they would receive $60,000 instead of the full $100,000.
How to Determine Fault in These Situations
Determining fault in the aftermath of a pedestrian accident in Philadelphia can be challenging. There are various types of evidence that will be gathered both in the immediate aftermath of the incident as well as in the days and weeks that follow. Some of the most common evidence that will be gathered and analyzed by police, insurance carriers, and juries will include the following:
- Statements from my witnesses who saw the accident
- Photograph was taken at the scene of the pedestrian crash
- Surveillance footage from cameras on nearby homes or businesses
- Possible dash Cam surveillance footage
- The police or accident report
All of the above evidence is typically gathered at the scene of the incident. However, there may be other types of evidence that investigators need to uncover to prove liability. For example, if distracted driving or distracted walking is a suspected cause of the crash, it may be necessary to obtain mobile device data records.
If you or somebody you love has been involved in a pedestrian accident, you should work with an attorney as soon as possible. A skilled pedestrian accident lawyer in Philadelphia will be able to conduct a complete investigation into your claim, help uncover the evidence needed to prove liability and work to secure maximum compensation on your behalf.