Pedestrian Accident Claims in Pennsylvania
When drivers in Pennsylvania must yield to pedestrians, crossing outside a crosswalk, how fault is shared, and the deadline to sue.
Short answer: Where traffic signals are not in place or not working, drivers must yield to a pedestrian crossing within any marked crosswalk or any unmarked crosswalk at an intersection, and may not pass a vehicle stopped at a crosswalk for a pedestrian. 75 Pa.C.S. §§ 3542, 3543
| Pedestrian right-of-way | Where traffic signals are not in place or not working, drivers must yield to a pedestrian crossing within any marked crosswalk or any unmarked crosswalk at an intersection, and may not pass a vehicle stopped at a crosswalk for a pedestrian. A pedestrian may not suddenly leave a curb into the path of a vehicle so close as to be a hazard. A pedestrian crossing anywhere other than a crosswalk at an intersection or a marked crosswalk must yield to all vehicles; in urban districts, between adjacent intersections with working signals, pedestrians may cross only in a marked crosswalk; and diagonal crossing at intersections is allowed only where authorized. Crossing elsewhere: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=75&div=0&chapter=35§ion=43&subsctn=0 Source: 75 Pa.C.S. §§ 3542, 3543 |
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| Fault rule (comparative negligence) | Modified comparative negligence (51% bar). An injured person's negligence does not bar recovery if it was not greater than the combined negligence of the defendants against whom recovery is sought; damages are reduced by the injured person's share. Each defendant's liability is generally several only (each pays its share), with exceptions such as intentional torts and defendants found 60% or more at fault. Exceptions to several-only liability are listed in § 7102(a.1)(3). Source: 42 Pa.C.S. § 7102 |
| Minimum car insurance | Minimum financial responsibility is $15,000 for injury to one person, $30,000 for injury to two or more people in one accident, and $5,000 for property damage. Every policy must also include a $5,000 first-party medical benefit. Pennsylvania is a choice no-fault state: insurers must offer a choice between "full tort" coverage and a cheaper "limited tort" option, which limits the right to sue for pain and suffering. Source: 75 Pa.C.S. §§ 1702, 1705, 1711 |
| Deadline to sue for an injury | Two years for an action to recover damages for injuries to the person caused by the wrongful act, neglect, unlawful violence or negligence of another. Assault, battery, false imprisonment and similar claims also have a two-year deadline. Source: 42 Pa.C.S. § 5524(1), (2), (7) |
More Pennsylvania personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Pennsylvania
- Wrongful Death Lawsuits in Pennsylvania
- Medical Malpractice Rules in Pennsylvania
- Car Accident Claims in Pennsylvania
- Dog Bite Liability in Pennsylvania
- Sidewalk and Public Property Falls in Pennsylvania
- Motorcycle Accident Claims in Pennsylvania
- Bicycle Accident Claims in Pennsylvania
- Uber and Lyft Accident Claims in Pennsylvania
- Truck Accident Claims in Pennsylvania
- Construction Site Injuries in Pennsylvania
- All Pennsylvania personal injury & wrongful death rules
FAQ
Who has the right of way, a pedestrian or a driver, in Pennsylvania?
Where traffic signals are not in place or not working, drivers must yield to a pedestrian crossing within any marked crosswalk or any unmarked crosswalk at an intersection, and may not pass a vehicle stopped at a crosswalk for a pedestrian. A pedestrian may not suddenly leave a curb into the path of a vehicle so close as to be a hazard. A pedestrian crossing anywhere other than a crosswalk at an intersection or a marked crosswalk must yield to all vehicles; in urban districts, between adjacent intersections with working signals, pedestrians may cross only in a marked crosswalk; and diagonal crossing at intersections is allowed only where authorized.
Can you recover damages if you were partly at fault in Pennsylvania?
Modified comparative negligence (51% bar). An injured person's negligence does not bar recovery if it was not greater than the combined negligence of the defendants against whom recovery is sought; damages are reduced by the injured person's share. Each defendant's liability is generally several only (each pays its share), with exceptions such as intentional torts and defendants found 60% or more at fault.
What is the minimum car insurance required in Pennsylvania?
Minimum financial responsibility is $15,000 for injury to one person, $30,000 for injury to two or more people in one accident, and $5,000 for property damage. Every policy must also include a $5,000 first-party medical benefit. Pennsylvania is a choice no-fault state: insurers must offer a choice between "full tort" coverage and a cheaper "limited tort" option, which limits the right to sue for pain and suffering.
What is the statute of limitations for personal injury in Pennsylvania?
Two years for an action to recover damages for injuries to the person caused by the wrongful act, neglect, unlawful violence or negligence of another. Assault, battery, false imprisonment and similar claims also have a two-year deadline.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.