Pedestrian Accident Fatalities In Pennsylvania

By Author: supriyo banerjee
Total Articles: 739
Comment this article

According to the National Highway Traffic Safety Administration, Traffic Safety Facts, in 2010 (2011 national and Pennsylvania pedestrian accident statistics have not yet been released) fatalities in Pennsylvania rose 5.4% with 68 more motor vehicle deaths in 2010 than in 2009. There were 145 pedestrian fatalities, ten more than in 2009 and 21 more than in 2006. Pedestrian deaths represented almost 11% of all traffic fatalities in the state. Almost all pedestrian fatalities occur in crashes that involve only one vehicle, and most of these accidents occur in urban areas at night when a male pedestrian is struck by a car. Almost half of all these pedestrian deaths involved alcohol consumed by either the driver or the pedestrian. Although drivers are required to yield to pedestrians in crosswalks, pedestrians also have to exercise care when entering a crosswalk and are required to look left-right-left for oncoming traffic. In other words, in order to avoid being struck by vehicles pedestrians must take responsible safety measures. For example, the law states that pedestrians are not to suddenly step off of a curb or sidewalk ...
... and run into the path of an oncoming vehicle. Even if the pedestrian is stepping off of a curb into a crosswalk in what seems like a safe crosswalk, it is the pedestrian’s responsibility to make sure oncoming traffic is far enough away to be able to make a safe and complete stop at the crosswalk. The safest approach for a pedestrian is to make certain all crossings are at a corner or at a physically marked crosswalk.

Title 75 of the Pennsylvania Consolidated Statutes contains the laws which govern what pedestrians are to do on Pennsylvania roads. For instance:

Section 3542: Right-of-way of pedestrians in crosswalks.

General Rule- when traffic-control signals are not in place or not in operation, the driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection.
Exercise of care by pedestrian- No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close as to constitute a hazard.

Section 3543: Pedestrians crossing at other than crosswalks.

General Rule- Every pedestrian crossing a roadway at any point other than within a crosswalk at an intersection or any marked crosswalk shall yield the right-of-way to all vehicles upon the roadway.
At pedestrian tunnel or overhead crossing- Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway.
Between controlled intersections in urban district- Between adjacent intersections in urban districts at which traffic-control signals are in operation pedestrians shall not cross at any place except in a marked crosswalk.
Crossing intersection diagonally- No pedestrian shall cross a roadway intersection diagonally unless authorized by official traffic-control devices or at the discretion of a police officer or other appropriately attired person authorized to direct, control or regulate traffic. When authorized to cross diagonally, pedestrians shall cross only in accordance with the signal pertaining to the crossing movements.

Section 3544: Pedestrians walking along or on highway.

Mandatory use of available sidewalk- Where a sidewalk is provided and its use is practicable, it is unlawful for any pedestrian to walk along and upon an adjacent roadway.
Absence of sidewalk- Where a sidewalk is not available, any pedestrian walking along and upon a highway shall walk only on a shoulder as far as practicable from the edge of the roadway.
Absence of sidewalk and shoulder- Where neither a sidewalk nor a shoulder is available, any pedestrian walking along and upon a highway shall walk as near as practicable to an outside edge of the roadway and, if on a two-way roadway, shall walk only on the left side of the roadway.
Right-of-way to vehicles- Except as otherwise provided in this subchapter, any pedestrian upon a roadway shall yield the right-of-way to all vehicles upon the roadway. By this installation of an official traffic-control device as provided in this title

Section 3547: Right-of-way of pedestrians on sidewalks.

The driver of a vehicle emerging from or entering an alley, building, private road or driveway shall yield the right-of-way to any pedestrian approaching on any sidewalk extending across the alley, building entrance, road or driveway.

Section 3548: Pedestrians to yield to authorized emergency vehicles.

General Rule- Upon the immediate approach of an authorized emergency vehicle making use of audible and visual signals meeting the requirements of this title, or of a police vehicle properly and lawfully making use of an audible signal only, every pedestrian shall yield the right-of-way to the authorized emergency vehicle.
Exercise of care by driver- This section does not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway nor from the duty to exercise due care to avoid colliding with any pedestrian.

Section 3549: Blind pedestrians.

General rule- The driver of a vehicle shall yield the right-of-way to any totally or partially blind pedestrian carrying a clearly visible white cane or accompanied by a guide dog and shall take such precautions as may be necessary to avoid injuring or endangering the pedestrian and, if necessary, shall stop the vehicle in order to prevent injury or danger to the pedestrian.
Effect of absence of cane or dog- This section shall not be construed to deprive a totally or partially blind pedestrian not carrying a cane or not being guided by a dog of the rights and privileges conferred by law upon pedestrians crossing streets or highways, nor shall the failure of a totally or partially blind pedestrian to carry a cane or to be guided by a guide dog upon the streets, highways or sidewalks of this Commonwealth be held to constitute contributory negligence in and of itself.

Section 3550: Pedestrians under influence of alcohol or controlled substance

A pedestrian who is under the influence of alcohol or any controlled substance to a degree which renders the pedestrian a hazard shall not walk or be upon a highway except on a sidewalk.

Section 3551: Compliance with bridge and railroad warning signals.

Bridges- No pedestrian shall enter or remain upon any bridge or approach to any bridge beyond the bridge signal, gate or barrier after a bridge operation signal indication has been given.
Railroad crossings- No pedestrian shall pass through, around, over or under any crossing gate or barrier at a railroad grade crossing or bridge while the gate or barrier is closed or is being opened or closed.

What does the “No-fault” mean in my Pennsylvania accident insurance policy and how does it apply to a pedestrian accident?



Even if the driver of the car who hits a pedestrian was negligent, the pedestrian’s own automobile insurance company will pay the medical bills, regardless of the tort option on your insurance. (All pedestrians are governed by the “full tort” option as opposed to the “limited tort “ option under Pennsylvania law, and thus have unrestricted access to the Pennsylvania Courts to seek compensation for their injuries). Payments made by an automobile insurance carrier for payment of medical bills ill not result in a rate increase in premiums.

If the medical expenses from the accident amount to more than the medical coverage afforded by your own car insurance, your private health insurance will pay these bills you give them proof that you used up your auto insurance coverage. If there are still outstanding medical bills, and you are pursuing a personal injury case you are entitled to “plead, prove and recover” any unpaid medical bills in addition to recovering damages for your physical injuries.

What’s the likely scenario a pedestrian will face after the accident in terms of contact with the at fault driver’s insurance company?

If the driver’s insurance company calls and asks for a statement, you are under no obligation to talk to them, and you should not talk to them. Instead, get in touch with a Pennsylvania accident attorney who will help you protect your rights while simultaneously dealing with the insurance company.

Steps to take if you or someone you know was involved in a pedestrian accident:

Seek medical attention.
Call or have someone call 911.
Seek the assistance of a qualified Pennsylvania pedestrian accident attorney as soon as possible.

Sue McCrossin is a writer working with Philadelphia Car Accident Lawyer, Stuart A. Carpey of the law firm, Kriethen, Baron and Carpey, Inc to help educate people about pedestrian accidents in the state, and to make it easier for them to get in touch with an Personal injury lawyer Philadelphia when the need arises.