Filing a Claim for an Accident at a Crosswalk: What Pennsylvania Residents Need to Know

Crossing the street at a crosswalk shouldn’t be dangerous. Drivers have a legal duty to respect pedestrians’ rights, and, beyond that, avoiding putting someone else in danger is simply the right thing to do. Yet, as Bethlehem personal injury lawyers, we regularly hear from victims who have been injured in accidents at crosswalks in Pennsylvania.

If you have been injured in an accident at a crosswalk, you may have a personal injury claim. Pennsylvania’s crosswalk laws are clear, and if the driver who hit you violated one of these laws—or was otherwise being reckless or negligent behind the wheel—the driver deserves to be held fully accountable. Keep reading to learn what you need to know about your legal rights in this scenario.

7 Key Facts for Pedestrians Injured in Crosswalk Accidents

Were you injured in a crosswalk accident in Pennsylvania? If so, here are seven key facts about your legal rights:

1. Drivers Have a Legal Duty to Yield to Pedestrians in Crosswalks

Under Pennsylvania law, drivers have a legal duty to avoid putting pedestrians in danger. As the Pennsylvania Department of Transportation (PennDOT) makes clear, regarding crosswalks specifically, “[w]hen a pedestrian crosses the street in a crosswalk, the driver must yield.”

As PennDOT also makes clear, this applies at “signalized and non-signalized intersections.” While pedestrians should obey all traffic signs and signals, if a pedestrian is crossing a road when a signal says to wait, this is not an excuse for putting the pedestrian in harm’s way.

2. Violating Pennsylvania’s Crosswalk Laws Constitutes Driver Negligence

If a driver violates Pennsylvania’s crosswalk laws, this is a clear form of driver negligence. In this situation, the driver is guilty of “negligence per se.” Negligence per se involves violating a law that is specifically intended to protect other people’s safety.

Entering a crosswalk without the right of way, attempting to pass a vehicle that has stopped at a crosswalk, and ignoring the fact that a pedestrian has entered a crosswalk are all violations of Pennsylvania’s crosswalk laws. As a result, as we discuss in greater detail below, they can all entitle injured pedestrians to just compensation.

3. Other Forms of Driver Negligence Can Also Put Pedestrians at Risk

Along with entering a crosswalk illegally, several other forms of driver negligence can put pedestrians at risk as well, and these forms of driver negligence can also entitle injured pedestrians to just compensation. Some examples of other common forms of driver negligence involved in crosswalk accidents include:

• Distracted driving (i.e., texting behind the wheel)
• Running a red light or stop sign
• Trying to “beat” a yellow light
• Speeding (i.e., exceeding the posted speed limit or driving too fast for the current conditions)
• Impaired driving (i.e., driving while drunk, high, or fatigued)

All of these issues (among others) can prevent drivers from slowing or stopping in time to avoid hitting a pedestrian crossing the street in a crosswalk. As a result, they can all provide grounds for injured pedestrians to seek just compensation.

4. All Forms of Driver Negligence Entitle Injured Pedestrians to Just Compensation

From entering a crosswalk without the right of way to driving while distracted or impaired, all forms of driver negligence entitle injured pedestrians to just compensation. If you were injured in a crosswalk accident and the driver was at fault, you are entitled to compensation for your:

• Medical bills and other out-of-pocket costs
• Lost income and benefits
• Physical scarring, pain, and suffering
• Emotional trauma and distress
• Loss of companionship, consortium, and enjoyment of life

Your losses from a crosswalk accident can add up quickly—and they can continue adding up for a long time in cases involving life-altering injuries. This makes it critical to ensure that you seek the financial compensation you deserve.

5. Seeking Just Compensation Starts with Preserving Evidence of Why the Accident Happened

To seek the financial compensation you deserve, you will need evidence that proves the driver who hit you was at fault in the accident. While this evidence can take many forms, it is critical that you preserve any and all available evidence before it disappears.

While this means keeping copies of your medical records and any photos or videos you took with your phone, it also means engaging a personal injury law firm to conduct an investigation. From the crosswalk itself to any traffic or surveillance camera footage that is available, your law firm will work quickly to document the accident with evidence that the firm’s Bethlehem personal injury lawyers can present in court if necessary.

6. Seeking Just Compensation Often Involves Negotiating an Insurance Settlement

In the vast majority of cases, seeking just compensation for a crosswalk accident in Pennsylvania will not involve going to court. Instead, it will involve negotiating a settlement with the at-fault driver’s insurance company.

Auto insurance covers pedestrian accidents and all forms of driver negligence. So, as long as the driver who hit you has insurance, you should be able to file a claim. With that said, it is important to be prepared to go to court if necessary, and showing the at-fault driver’s insurance company that you are ready to do so can help facilitate good-faith settlement negotiations.

7. Scheduling a Free Consultation is the First Step

When you have a personal injury claim for an accident at a crosswalk in Pennsylvania, scheduling a free consultation is the first step toward seeking just compensation for your losses. This consultation really is free, and you are under no obligation to move forward.

If you decide to move forward, you will not have to pay anything out-of-pocket for your legal representation, and you will not have to pay anything at all unless your claim is successful. Your law firm will fight for just compensation on your behalf, and if the at-fault driver’s insurance company makes a settlement offer, the firm’s lawyers will help you make an informed decision about whether to accept.

Contact the Bethlehem Personal Injury Lawyers at Drake, Hileman & Davis, PC

If you need help after a crosswalk accident in Pennsylvania, we encourage you to contact our Bethlehem personal injury lawyers promptly. Call 888-777-7098 or contact us online to schedule a free consultation today.