Crosswalk Accident Lawyer: Help When a Driver Hits You While You Are Crossing

What happens legally when a car hits you in a crosswalk

If a driver hits you while you are lawfully in a crosswalk, the driver has usually broken a specific Pennsylvania right-of-way rule, and that makes fault much easier to prove than in a mid-block crash. You can bring a claim against the driver for your medical costs, lost pay and the harm the injury caused you, while your early medical bills are paid through Pennsylvania's first-party auto benefits.

The word "lawfully" matters. Whether you had the right-of-way depends on the kind of crosswalk, whether a signal controlled it and what the signal showed when you stepped off the curb.

Marked, unmarked and signal-controlled crosswalks

Many people think a crosswalk only exists where there are painted lines. Under the Vehicle Code, a crosswalk also includes the part of the road at an intersection that connects the sidewalks on opposite sides, painted or not, and any spot elsewhere that is marked for pedestrians with lines on the road (75 Pa.C.S. § 102). So a corner on a side street in Drexel Hill with no paint at all can still be a crosswalk.

The duties then depend on the signals:

• No working signal: the driver must yield to a pedestrian crossing in any marked crosswalk or any unmarked crosswalk at an intersection (75 Pa.C.S. § 3542(a)). A driver convicted of breaking this rule faces a $50 fine.
• Green light: drivers going straight or turning must yield to pedestrians lawfully in the intersection or an adjacent crosswalk (75 Pa.C.S. § 3112(a)(1)(i)). Turning drivers break this rule often.
• Right on red: a driver turning on red must first stop and must then yield to pedestrians lawfully in an adjacent crosswalk (75 Pa.C.S. § 3112(a)(3)(ii)).
• Stopped car in the next lane: when one vehicle stops at a crosswalk to let someone cross, a driver coming up from behind may not pass it (75 Pa.C.S. § 3542(c)). This is the classic multi-lane crash on wide roads like West Chester Pike.

What the insurer will say you did wrong

Even in a crosswalk case, expect the adjuster to look for pedestrian fault. The usual arguments are that you started across when the light was already yellow, which the law discourages (75 Pa.C.S. § 3112(a)(2)(ii)), or that you stepped off the curb so suddenly that the driver could not stop (75 Pa.C.S. § 3542(b)).

Pennsylvania's modified comparative negligence rule means these arguments reduce a claim rather than end it, unless your share of fault is greater than the combined fault of the drivers you sue (42 Pa.C.S. § 7102). Good evidence answers them: the signal timing plan for the intersection, video from a corner store or bus, and a witness who saw the walk signal. Ask the police officer whether a report number has been assigned, and see our guide on getting a Pennsylvania crash report.

Crosswalks where these crashes happen in our area

The heaviest-traffic crossings in our part of Delaware County are on multi-lane roads with turning traffic: West Chester Pike through Upper Darby and Havertown, Township Line Road, Lansdowne Avenue and the streets around the 69th Street Transportation Center, where SEPTA riders cross between buses, trolleys and the Market-Frankford Line all day. In West Philadelphia, riders getting off at bus and trolley stops in Cobbs Creek and Kingsessing often cross right in front of turning traffic.

If the vehicle that hit you was a SEPTA bus, the claim runs against a government-related party, and written notice is generally required within 6 months (42 Pa.C.S. § 5522). That deadline is much shorter than the usual 2 years, so call quickly. A crash on the Delaware County side is usually filed in the Court of Common Pleas in Media, and one in Philadelphia in the Philadelphia Court of Common Pleas.

Who pays, and what to do this week

Your medical bills are paid first through first-party benefits, starting with any auto policy on which you are a named insured, then a household relative's policy, and if neither exists, the policy on the vehicle that hit you (75 Pa.C.S. § 1713). The driver's liability insurance pays the rest of your losses when the claim resolves. Your tort election can limit pain-and-suffering damages unless the injury is serious or an exception applies (75 Pa.C.S. § 1705).

This week: photograph the crosswalk, the signal heads and any faded paint; write down which direction the car came from and whether it was turning; keep your shoes and clothing; and note every business with a camera facing the corner. Many store systems record over footage within days or weeks. A lawsuit must generally be filed within 2 years (42 Pa.C.S. § 5524).

Your Legal Warrior works on a 100% contingency fee: no attorney fee unless we recover, all case costs advanced by the firm and repaid only from a recovery, and nothing owed if there is no recovery. Call (267) 412-4601, 24 hours a day, or send the free case review form.