Accidents can result from the negligent and reckless actions of both pedestrians and drivers. External elements outside of a person’s control, such as weather conditions, can also cause these incidents.
When you have sustained injuries as a pedestrian, you can trust the expertise of the lawyers at Soloff & Zervanos to help you recover. Regardless of the cause of the accident, our experienced attorneys are well-versed in Pennsylvania law and are ready to support your case.
Collisions involving pedestrians are more likely to occur when drivers violate Pennsylvania’s traffic laws. Motorists frequently disregard 75 Pennsylvania Consolidated Statutes § 3362, which prescribes speed-limit rules. This law accords general speed limits based on the surrounding environment. For instance, in urban districts, where walkers are a staple, drivers must not exceed 35 miles per hour. Residential districts are further protected with a maximum speed limit of 25 miles per hour, doubtless because of the pedestrian activity expected in these spaces.
Various forms of distracted driving are other common behaviors in which drivers participate in, despite Pennsylvania law and the danger they pose to pedestrians. Texting while operating a motor vehicle is prohibited by 75 Pennsylvania Consolidated Statutes § 3316. Nevertheless, motorists regularly engage with their phones and other distractions instead of focusing on the road. A driver may not see a pedestrian in time to stop due to this lack of attention.
A pedestrian can also play a part in an accident by ignoring traffic regulations. Specifically, 75 Pennsylvania Consolidated Statutes § 3543 addresses jaywalking. Pedestrians must yield to motor vehicles on roadways any time they cross a road at any point other than within a crosswalk at an intersection or any marked crosswalk. This statute clarifies that pedestrians do not have full authority to wander across and through streets without regard to vehicles using those roadways.
Pennsylvania’s comparative negligence standard applies, per 42 Pennsylvania Consolidated Statutes § 7102, when pedestrians contribute to incidents in which they are harmed. If a pedestrian intends to file suit against a motorist for personal injuries arising from an accident, they should be aware that their contributory negligence, such as jaywalking, can affect their ability to collect damages.
State law does not automatically preclude a person who has sustained injuries from receiving damages if they have been contributorily negligent unless their negligence constitutes more than 50 percent of the cause of their alleged injuries. When their causal negligence amounts to less than half of the fault for their harm, damages are diminished proportionately to the negligence attributable to them.
Although some variables are outside the realm of personal control, attorneys deal with the responsibility of individuals as assigned by law. When pedestrians are hurt by motor vehicles or other common causes, courts primarily look at the parties’ conduct to determine if an injured pedestrian is owed damages.
At Soloff & Zervanos, we are well-practiced in Pennsylvania’s contributory negligence standard. Even if you have behaved contrary to the law that, in part, led to you being injured, our lawyers could evaluate the facts of the incident and give you educated guidance. Call our firm today to schedule a consultation meeting.
You are not out of luck simply because you jaywalked and were then hit by a car. Your recovery matters, and we are here to argue for damages that will aid your healing process. Contact our firm to schedule a consultation appointment.