Drivers in Pennsylvania understand that pedestrians tend to have the right of way in most areas. This is particularly true where there are crosswalks, whether marked or unmarked. However, pedestrians do have duties when they are on or around the roadway, and this includes following traffic laws. Crossing a road in an area with no crosswalk can be dangerous, and pedestrian does not necessarily have the right of way in all circumstances.
Pedestrian Responsibilities in Pennsylvania
Contrary to popular belief, pedestrians do not always have the right of way. Every pedestrian on or around the roadways in Pennsylvania has certain duties, as laid out in the Pennsylvania Vehicle Code Subchapter C:
- Obeying all traffic control devices
- Exercising care, which means watching where you are going
- Yielding the right of way to any vehicles if not crossing n a marked or unmarked crosswalk
- Using a sidewalk if one is available
- Yielding to all emergency vehicles
If a pedestrian fails to uphold their duties on or around the roadway, which can include jaywalking, they may receive a citation. Additionally, if a pedestrian fails to follow these duties, this significantly increases the chance that an accident will occur. Pedestrians are much more likely to sustain severe injuries in the event a collision with a vehicle happens.
What if a Pedestrian is Struck While Jaywalking
Under the Pennsylvania Vehicle Code, Statute 3542, we can see that pedestrians who cross inside of crosswalks where there are no traffic control devices still have the right of way. However, even though you will not see the term “jaywalking” written into the Pennsylvania vehicle code, pedestrians crossing in areas where there are no crosswalks will not have the right of way.
Drivers are still asked to use caution if they see pedestrians on or around the roadway. If a person sustains an injury as a result of jaywalking, our injury lawyers in Philadelphia know that the courts will take into account the actions of both parties involved. A pedestrian could very well share a percentage of the fault, which could significantly reduce the amount of compensation they are entitled to.
Pennsylvania operates under a “modified comparative negligence” system when it comes to shared fault for injuries. In this state, any person who is 51% or more responsible for causing their own injuries will be unable to recover compensation for their losses. Any person less than 51% responsible for their injuries will still be able to recover compensation, though the total amount they receive will be reduced.
For example, let us suppose a pedestrian crosses a road at an unmarked crosswalk and is struck by a vehicle, sustaining $100,000 worth of medical bills. However, if a jury finds that the pedestrian was 40% responsible for their own injuries because they crossed an area where they should not have crossed, then the pedestrian would receive $60,000 instead of the full $100,000 to account for their percentage of fault.
Contact an Attorney Immediately
If you or somebody you care about has been injured in a pedestrian accident, you need to reach out to an attorney immediately. A skilled pedestrian accident lawyer in Pennsylvania can investigate every aspect of your claim. Their goal will be your goal – to cover the compensation necessary to make a full recovery.