Pedestrian Accidents in Erie: Who is Liable & How to Seek Compensation

Pedestrian accidents can be devastating, leading to severe injuries and complex legal challenges. If you or a loved one has been injured in a pedestrian accident in Erie, Pennsylvania, you may be wondering who is liable and how you can seek compensation.

Understanding liability laws, Pennsylvania’s comparative negligence system, and the legal process can help you navigate your case effectively. This guide will cover everything you need to know about pedestrian accident liability, available compensation, and the steps to take after an accident.

Understanding Liability in Pedestrian Accidents

Liability in a pedestrian accident depends on negligence, which occurs when someone fails to exercise reasonable care, leading to harm. Both drivers and pedestrians have responsibilities on the road, and fault can sometimes be shared.

Driver Negligence: Common Causes

Many pedestrian accidents happen because drivers fail to follow traffic laws. A driver may be held liable if they:

• Fail to yield the right-of-way – Drivers must stop for pedestrians in marked crosswalks and at intersections.
• Speed or drive recklessly – Excessive speed reduces a driver’s reaction time and increases the severity of injuries.
• Drive distracted – Texting, talking on the phone, or using in-car technology can divert a driver’s attention.
• Ignore traffic signals – Running red lights or stop signs can lead to collisions with pedestrians.
• Drive under the influence – Alcohol and drugs impair judgment and reaction time, making accidents more likely.

Pedestrian Negligence: When Are Walkers at Fault?

Pedestrians are also responsible for following traffic laws. A pedestrian may be found partially at fault if they:

• Jaywalk – Crossing outside of marked crosswalks or against a traffic signal can increase accident risks.
• Step into traffic unexpectedly – Entering the roadway suddenly without giving drivers enough time to react can result in liability.
• Walk while distracted – Using a phone or wearing headphones can prevent pedestrians from noticing oncoming vehicles.
• Ignore "No Pedestrian" signs – Some roads prohibit foot traffic due to safety concerns.

Pennsylvania’s Comparative Negligence Law

Pennsylvania follows a modified comparative negligence rule (§ 7102 of the Pennsylvania General Statutes). Under this system:

• A pedestrian can recover damages if they are less than 51% at fault for the accident.
• The compensation is reduced based on the percentage of fault assigned.
• If a pedestrian is more than 50% responsible, they cannot recover any damages.

Example: If a pedestrian is awarded $100,000 but is found 30% at fault, they will receive only $70,000.

Understanding this rule is crucial, as insurance companies and opposing parties may try to assign more blame to the pedestrian to reduce their liability.

Seeking Compensation After a Pedestrian Accident

If you’ve been injured in a pedestrian accident, you may be eligible for compensation to cover your losses.

Types of Compensation Available

Victims of pedestrian accidents can recover damages for:

• Medical expenses – Hospital bills, surgeries, rehabilitation, and long-term care costs.
• Lost wages – Compensation for time missed from work due to the accident.
• Pain and suffering – Physical pain, emotional distress, and reduced quality of life.
• Property damage – Reimbursement for items damaged in the accident, such as clothing, phones, or personal belongings.

Insurance Coverage for Pedestrian Accidents

Pennsylvania operates under a choice no-fault insurance system. This means that compensation may first come from Personal Injury Protection (PIP) coverage, regardless of fault.

• If the pedestrian has auto insurance, their PIP policy may cover medical expenses.
• If they don’t have auto insurance, they may be covered under the driver’s PIP policy.
• PIP does not cover pain and suffering or damages beyond medical expenses. For additional compensation, victims may need to file a personal injury lawsuit.

Filing a Personal Injury Claim Against a Negligent Driver

If a driver was at fault, victims can sue for damages beyond insurance coverage. To succeed in a claim, you must prove:

1. The driver owed you a duty of care – All motorists must operate their vehicles safely.
2. The driver was negligent – They violated traffic laws or acted recklessly.
3. Their negligence caused your injuries – There must be a direct link between the driver’s actions and your injuries.
4. You suffered damages – Medical bills, lost wages, and emotional distress must be documented.

Gathering strong evidence—such as police reports, witness statements, and surveillance footage—can significantly strengthen your case.

Pennsylvania’s Statute of Limitations for Pedestrian Accidents

If you plan to file a lawsuit, you have two years from the accident date to take legal action (42 Pa. C.S. § 5524).

Failing to file within this time frame can result in losing the right to seek compensation. However, exceptions may apply if:

• The injured pedestrian is a minor (the statute of limitations may be extended).
• Injuries were not immediately apparent but were discovered later.

Consulting an Erie pedestrian accident attorney as soon as possible can help ensure you meet all legal deadlines.

What to Do After a Pedestrian Accident in Erie

Taking the right steps after an accident can protect your rights and improve your chances of securing fair compensation.

A. Steps to Take Immediately After an Accident

1. Call the Police – An official report will document the accident details.
2. Seek Medical Attention – Even minor injuries should be evaluated by a doctor.
3. Gather Evidence – Take photos, collect witness contact information, and note weather or road conditions.
4. Avoid Admitting Fault – Do not discuss blame with the driver, police, or insurance companies.
5. Consult a Personal Injury Attorney – A lawyer can help protect your rights and handle negotiations.

B. When to Contact a Pedestrian Accident Lawyer

You should consult a lawyer if:

• Your injuries are severe and require ongoing medical treatment.
• The insurance company denies or undervalues your claim.
• Liability is being disputed by the driver or their insurer.
• You’re unsure how Pennsylvania’s comparative negligence laws affect your case.

Many pedestrian accident attorneys work on a contingency fee basis, meaning they only get paid if you win your case.

Conclusion

Pedestrian accidents in Erie can have life-changing consequences. Understanding liability laws, knowing how to seek compensation, and taking the right steps after an accident can help you recover damages for your injuries.

If you or a loved one has been injured in a pedestrian accident, consult an experienced personal injury attorney in Erie to discuss your legal options. At McNair Law Offices, PLLC, we have been advocating for accident victims since 1981, ensuring they receive the compensation they deserve. Our experienced team is ready to guide you through the complexities of your case with personalized and professional legal support.

Take the Next Step Towards Justice

• Free Consultations: Discuss your case with us at no cost to understand your legal options.
• Same-Day Appointments: We offer prompt scheduling to address your concerns without delay.
• No Fees Unless We Win: You pay no legal fees unless we secure a recovery for you.

Call us at 814-918-3377 to speak with our legal team. Let McNair Law Offices, PLLC, provide the dedicated representation you need to achieve a favorable outcome.