Pedestrian laws are designed to protect pedestrians from cars, trucks, buses and even bicycles. However, in most instances when pedestrians are in accidents, another driver was at fault.
In many pedestrian accident cases, the issue of liability is usually clear. There most likely was some violation of Pennsylvania state, local or municipal pedestrian laws.
Negligence in a Pennsylvania Pedestrian Accident Lawsuit
There are three common pedestrian accident scenarios:
1. Marked or unmarked pedestrian crosswalk accident
The majority of pedestrian accidents occur when a pedestrian is walking in either a marked or unmarked crosswalk, for example, at a street intersection. Especially at night or in rainy weather, when visibility is low, drivers often fail to see pedestrians who are lawfully within a crosswalk. Negligence in these instances is usually clear cut because pedestrians lawfully in crosswalks have the right of way.
2. Mid-block pedestrian accident
Some accidents occur when a pedestrian is attempting to cross a street in the middle of the block, outside of any designated crosswalk. These kinds of accidents are common in areas of high vehicle traffic and commercial activity, such as restaurants, shopping stores, etc.
Negligence in these kinds of cases depends on proving that another driver, a government agency or a nearby business failed to act reasonably under the circumstances and that conduct led to the accident, or was a proximate cause of the accident. Proving negligence in such cases means showing a history of pedestrian accidents in exactly the same spot and the defendant either knew or should have been aware of that fact.
3. Sidewalk pedestrian accident
Pedestrians on sidewalks are usually struck by cars, trucks, buses, etc. exiting or entering driveways. Liability in these kinds of situations is usually always clear because under state laws, pedestrians on sidewalks have the right of way.
For more information contact a Pennsylvania pedestrian accident lawyer. Our lawyers are available for a free, no obligation legal consultation. 215.925.4451
The pedestrian accident lawyers at Schwartz & Blackman handle cases in the Pennsylvania and New Jersey area:
- PA: Berks County, Bucks County, Chester County, Delaware County, Montgomery County, Philadelphia County, Allentown, Lehigh Valley, Norristown, Philadelphia
- NJ: Atlantic County, Burlington County, Camden County, Gloucester County, Mercer County, Middlesex County, Monmouth County, Camden, Cherry Hill, New Jersey shore cities
*This website does not provide legal advice. Every case is unique and it is important to get a qualified, expert legal opinion prior to making any decisions about your case. See the full disclaimer at the bottom of this page.
Published: August 31, 2012