You were crossing a Pittsburgh street when a vehicle hit you. Now you are dealing with injuries, medical treatment, and an insurance claim, but there is another problem: you were not inside a marked crosswalk when the collision happened.
The driver or insurance company may focus heavily on where you crossed. You may be wondering whether that one fact means you caused the accident or cannot pursue an injury claim.
Crossing location does matter under Pennsylvania law. Pedestrians have specific responsibilities when they cross outside a crosswalk. But determining responsibility for a pedestrian crash also requires looking at how the collision happened, what the driver was doing, and whether the conduct of either person contributed to the impact.
What Does Pennsylvania Law Say About Crossing Outside a Crosswalk?
Pennsylvania law generally requires a pedestrian who crosses a roadway somewhere other than within a crosswalk at an intersection or a marked crosswalk to yield the right-of-way to vehicles on the road.
There are additional restrictions in some locations. For example, between adjacent intersections in an urban district where traffic-control signals are operating, pedestrians generally must use a marked crosswalk.
One detail that can cause confusion is that a crosswalk does not always need painted lines. At some intersections, Pennsylvania law recognizes a crosswalk based on the extension of sidewalk lines across the roadway. That is one reason the exact location of the collision matters before assuming that a pedestrian was simply “outside the crosswalk.”
The important point is that Pennsylvania does place responsibilities on pedestrians. Where you crossed and what was happening around you can become significant parts of an injury claim.
Does Crossing Outside a Crosswalk Automatically Make You Responsible?
No, but it is an important fact.
A pedestrian's obligation to yield outside a crosswalk does not automatically answer every question about how a collision occurred. The actions of the driver and pedestrian still have to be considered in light of the actual circumstances.
Imagine a pedestrian entering a multilane street when a vehicle is already approaching nearby. That situation raises different questions from a collision in which a pedestrian has been visible in the roadway for some time before being struck.
Speed, distance, visibility, traffic conditions, and the movements of both people can all matter.
The goal is not to minimize the pedestrian's responsibility. It is to determine how each person's conduct contributed to the collision rather than reaching a conclusion based only on where the pedestrian crossed.
Why Does the Exact Pittsburgh Location Matter?
A pedestrian crash on a Pittsburgh street cannot always be understood from the phrase “outside the crosswalk.”
Was the pedestrian crossing in the middle of a block or near an intersection? Was there a marked crosswalk nearby? Was the crossing at an intersection without painted crosswalk lines? Were traffic signals operating at adjacent intersections?
The physical setting matters too.
Parked vehicles can affect sight lines. A multilane road can create a different crossing situation from a narrow neighborhood street. A pedestrian leaving a bus stop may enter the roadway from a different position than someone crossing at an intersection. Lighting, hills, curves, traffic volume, and the distance between the pedestrian and an approaching vehicle can also affect what each person could see and how much time was available to react.
Those details help explain what actually happened at the particular Pittsburgh location instead of reducing the collision to a single label.
What Was the Driver Doing Before the Impact?
The pedestrian's crossing location is only part of the analysis. The driver's conduct can also matter.
Pennsylvania law requires drivers to travel at a speed that is reasonable and prudent for existing conditions and to use a safe and appropriate speed when special hazards involving pedestrians are present.
In a pedestrian crash, that can make questions such as these important:
- How fast was the vehicle traveling?
- Was the driver approaching an intersection or turning?
- Was the pedestrian visible in the roadway?
- Did traffic or parked vehicles affect visibility?
- Did the driver brake or attempt to avoid the collision?
- Were road, lighting, or weather conditions affecting what the driver could see?
None of those questions automatically assigns responsibility to the driver. They help determine whether the driver's conduct also contributed to the collision.
What If the Insurance Company Blames You for Crossing There?
An insurance company can argue that a pedestrian contributed to a crash by crossing outside a crosswalk or failing to yield to an approaching vehicle. That does not make the pedestrian's conduct irrelevant, but it also does not end the analysis.
Pennsylvania follows a modified comparative negligence rule. If an injured pedestrian is found partly responsible for the collision, any recoverable damages are reduced according to the percentage of negligence attributed to that pedestrian. If the pedestrian's causal negligence is greater than that of the defendant or defendants from whom recovery is sought, recovery is barred.
If the insurer says you caused the collision because of where you crossed, the question is not simply whether you were outside a marked crosswalk. The circumstances surrounding the crossing, the driver's conduct, and the way each contributed to the impact all need to be considered.
Why Might the Police Report Not Answer Every Liability Question?
A police report can contain valuable information after a pedestrian crash. It may identify the collision location, record statements, note traffic controls, include a diagram, or document an officer's observations.
But a police report is not necessarily a complete reconstruction of everything relevant to a civil injury claim.
For example, the report may not fully show how parked vehicles affected visibility, exactly where each person was positioned before impact, whether nearby surveillance footage exists, or how long the pedestrian was visible in the roadway.
That does not mean the police report is wrong. It means that understanding civil liability can require looking at additional information beyond what was documented at the scene.
What Information Can Help Explain How the Pedestrian Crash Happened?
The most useful information depends on the location and circumstances of the collision.
Photographs can show the roadway layout, crosswalk markings, signs, parked vehicles, lighting, and sight lines. Video from nearby homes or businesses can sometimes show the pedestrian's movement or the vehicle's approach. Witnesses can provide another perspective on where the pedestrian entered the road, vehicle speed, or what happened immediately before impact.
The intersection layout and traffic-control signals can also matter, particularly when there is a question about whether the pedestrian was within an intersection crosswalk or crossing between signal-controlled intersections.
At AlpernSchubert, P.C., we evaluate these details together to understand how the pedestrian entered the roadway, how the vehicle approached, and what the surrounding conditions show about the collision.
Were You Hit While Crossing a Pittsburgh Street?
Being outside a marked crosswalk can affect a Pennsylvania pedestrian injury claim. It can raise questions about the pedestrian's duty to yield and whether the pedestrian contributed to the collision. It does not eliminate the need to examine the driver’s conduct, the road layout, visibility, traffic controls, and the other circumstances surrounding the impact.
At AlpernSchubert, P.C., we represent people injured in motor vehicle accidents in Pittsburgh and throughout Western Pennsylvania. We evaluate pedestrian crashes based on where they happened, the Pennsylvania traffic rules that apply, and the specific actions of the people involved.
If you were struck by a vehicle while crossing a Pittsburgh or Western Pennsylvania street and are concerned that where you crossed could affect your claim, fill out our online contact form so we can review the circumstances and explain how Pennsylvania law applies to your situation.
Disclaimer: Results may vary depending on your particular facts and legal circumstances. The articles on this blog are for informational purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.