Author: John Mattiacci | Owner Mattiacci Law
Published August 19, 2025
You want a clear answer on whether pedestrians can be blamed for a crash in Pennsylvania and what that does to settlement value. Yes, the pedestrian be at fault under Pennsylvania’s comparative negligence rule, but you can still recover money if your share is 50 percent or less and the evidence supports your case.
I’ve helped many injured pedestrians and families secure strong results even when an insurer tried to pin the blame on them. I act fast on video, witnesses, and medical proof so your story is documented the right way. Start with Philadelphia personal injury attorney services or call 215-914-6919 for a free, no‑pressure review.
In this article, I’ll explain the fault rules, what evidence matters, and the steps to safeguard your settlement.
What Does Fault Mean in a Pedestrian Crash
Fault in Pennsylvania is about whether someone failed to use reasonable care and caused harm. Drivers must yield at marked and unmarked crosswalks when signals are not operating, and pedestrians must use care when crossing mid block. Liability can be shared when each person’s choices contributed to the impact. The amount you recover is reduced by your percentage of fault if it is 50 percent or less.
Why Pedestrian Fault Matters in Pennsylvania Claims
Fault percentage directly affects your payout. If you are 20 percent at fault, your settlement is reduced by 20 percent. If you are more than 50 percent at fault, you recover nothing. This makes early, organized proof essential. Speed analysis, visibility, and driver attention often move the percentage in your favor.
Read the rules that shape outcomes:
- Crosswalk right of way 75 Pa.C.S. § 3542
- Crossing outside crosswalks 75 Pa.C.S. § 3543
- Comparative negligence 42 Pa.C.S. § 7102
How to Protect Your Claim Step by Step
1. Get medical care the same day and follow through. Treatment timelines show the crash caused your symptoms and reduce arguments about gaps.
2. Call the police and request a formal report. Ask about nearby cameras, 911 audio, and body‑cam footage to lock in facts.
3. Send preservation letters to businesses and transit within 24 hours. Many systems overwrite in days; secured video often decides fault.
4. Photograph the scene from driver and pedestrian viewpoints. Include sight‑lines, lighting, weather, and skid or scuff marks.
5. Collect witness contacts and short statements while memories are fresh. A few precise details can outweigh broad opinions later.
6. Organize medical proof weekly. Keep diagnoses, imaging, and work restrictions together so adjusters see a complete picture.
7. Document daily limitations in plain language. Notes about stairs, sleep, and work tasks support non‑economic losses.
8. Open any uninsured or underinsured motorist claims promptly. Stacking and household coverage can increase available limits.
9. Avoid recorded statements until records are complete. Provide written facts first and keep your story consistent across forms.
10. Set a realistic demand range with similar outcomes. Comparable verdicts and settlements anchor negotiations and reduce lowballing.
What Options Exist When Fault Is Disputed
- Independent evidence such as surveillance video, bus or rideshare logs, and vehicle event data that shows speed and position.
- Expert help when needed, including reconstruction, human factors on visibility, and medical causation letters to address insurer pushback.
- Alternative compensation routes like uninsured motorist benefits if the at‑fault driver had no coverage or fled the scene.
Pennsylvania Specifics That Affect Fault
Drivers must yield to pedestrians in marked and unmarked crosswalks when traffic signals are not operating. Pedestrians crossing mid block must yield to vehicles, but drivers still must use due care to avoid a collision. These shared rules allow fault to be split based on the best evidence available.
For practical safety guidance frequently cited by insurers and juries, see PennDOT pedestrian safety
Your recovery is barred only if your fault exceeds 50 percent. Organizing proof on lighting, distance, and reaction time can keep your share below that threshold so compensation remains available.
If you need a refresher on partial fault, see Comparative negligence in Pennsylvania
Insurer Arguments and the Counter Evidence That Works
Insurers often say you should have seen the car, that you crossed against a signal, or that you had time to avoid the impact. I counter with distance‑speed calculations, line‑of‑sight photos, and phone usage records. If body‑cam shows the driver admitting distraction or speed, that often settles percentage disputes quickly.
Documentation Doctors and Adjusters Accept
Adjusters move when the file is clean. Include ICD‑10 diagnoses, imaging, therapy notes, and a short provider letter addressing causation, impairment, and work impact. Pharmacy histories and itemized bills prove both treatment and cost. If charges include unrelated items, I remove them so the number is defensible.
Expected Timeline and Common Slowdowns
Straightforward claims may resolve within nine to eighteen months depending on treatment and limits. Slowdowns come from missing records, disputed causation, or late specialist opinions. I set two‑week follow‑ups on records and request brief clarifying notes from providers to reduce delays.
Decision Framework if the Offer Is Low
If liability is accepted but the number is light, we add medical depth and wage proof and present comparable outcomes. If liability is disputed, I file suit before the deadline and use subpoenas for video and phone data. When limits are small, we evaluate UM and UIM layers to reach a fair result.
How Evidence Shifts Fault and Value
This simple table shows how different proof tends to move the needle on fault and settlement value. It is an orientation tool, not a promise of outcome.
| Type of Evidence | Impact on Determining Fault | Influence on Settlement Amount |
|---|---|---|
| Traffic Camera or Surveillance Footage | May reduce pedestrian fault by capturing driver speed, signal violations, or visibility conditions | Clear evidence of driver negligence increases claim value significantly |
| Eyewitness Testimony | Supports or refutes either party’s version; credibility and consistency are key | Credible statements can persuade insurers to offer higher settlements |
| Police Reports & Body-Cam Video | Officer observations and admissions on-scene can shift liability toward the driver | Official findings and early fault indicators boost negotiation power |
| Medical Records & Doctor Statements | Link injuries directly to the accident, limiting insurer blame on pre-existing conditions | Clear causation supports higher compensation for pain, suffering, and long-term harm |
| Cell Phone Data & Vehicle Event Recorders | Reveal if driver was distracted, texting, or speeding at impact | Hard proof of recklessness increases the likelihood of a favorable settlement |
| Scene Photos, Skid Marks, & Visibility Analysis | Document road and weather conditions that affect line of sight and stopping distance | Visual evidence helps adjusters and juries understand fault and severity of the crash |
Get Clear Answers on Fault and a Plan for Your Case
Being told a crash was partly your fault can feel defeating. In week one I send preservation letters, map nearby cameras, and order the right medical records so your story is documented before anything disappears. You’ll get weekly check‑ins and my direct number so questions never sit. We will review your police report, treatment plan, and coverage and set a practical 30‑day roadmap. When an offer comes in, I walk you through the math behind it and the leverage points to improve it. No pressure—just useful next steps. Start with Philadelphia personal injury attorney services or call 215-914-6919 for a free, same‑day review.
Resources
- Crosswalk right of way 75 Pa.C.S. § 3542
- Crossing outside crosswalks 75 Pa.C.S. § 3543
- Comparative negligence 42 Pa.C.S. § 7102
- PennDOT pedestrian safety
Further Reading
- Pennsylvania pedestrian laws
- Comparative negligence in Pennsylvania
- How to obtain Pennsylvania accident reports
- Assured Clear Distance Rule in Pennsylvania