Your Legal Rights as a Pedestrian Struck by a Car in Montgomery County
When you head out on a morning walk to the coffee shop, or an afternoon errand to pick up some groceries for dinner from the shop around the corner, you never expect that your peaceful walk might be interrupted by something as traumatic as an unexpected car accident. Pedestrian accidents are one of the most distressing accidents that an individual can experience–turning a hobby that many people love into a dangerous experience.
Under Pennsylvania law, pedestrians have legal rights when they are the victims of an unanticipated car accident and are entitled to compensation for the mental and physical injuries that they experience, even when those injuries may seem minor. If you have recently been struck by a car, an experienced Montgomery County pedestrian accident lawyer can talk you through your legal rights and options and help you make a plan for taking action against a driver who hurt you.
Pedestrian Accidents in Pennsylvania
According to the Pennsylvania Department of Transportation, pedestrian-related crashes accounted for 2.6 percent of all traffic crashes in the state in 2025. But pedestrian crashes accounted for 15.3 percent of all fatalities in 2025. These statistics reflect how harrowing and dangerous it can be for pedestrians involved in car accidents. In 2025, 2,867 traffic accidents involved pedestrians, and 160 resulted in pedestrian fatalities. Most pedestrian crashes occur while pedestrians try to cross a roadway, including at intersections and driveways. Pedestrian accidents are also more likely to occur in areas without traffic signals or stop signs.
Pennsylvania Laws Protecting Pedestrians
Pennsylvania has implemented a range of laws to protect pedestrians while they walk and cross intersections. These laws prioritize pedestrian safety and require drivers to yield to pedestrians. Importantly, when drivers fail to follow these laws and an accident occurs, they may be held legally responsible for the accident and any resulting injuries.
For example, right-of-way laws require drivers to yield to pedestrians at marked crosswalks and intersections, and Pennsylvania law also requires drivers to exercise reasonable care and caution to avoid hitting pedestrians, no matter where they are. This means that drivers must yield to you in these specific places:
- Crosswalks marked with white lines or stripes across the road
- Unmarked crosswalks at intersections
- Mid-block crosswalks that are specifically designated for crossing with signs, flashing lights, or other markings
And even if you are not at a crosswalk, drivers must wait for you to finish crossing if you are already crossing the road when they arrive. Pedestrians, however, cannot step directly in front of a vehicle that is too close to stop safely.
At an intersection with traffic signals, pedestrians and drivers have a legal responsibility to follow those signals. This means that while a walk signal is occurring, drivers must wait until pedestrians have safely crossed the road before moving. But when there is a don’t walk signal, pedestrians must obey it and not enter the walkway. If you are uncertain what laws and legal responsibilities might have applied during your accident, a knowledgeable Montgomery County pedestrian accident lawyer can assess your accident and provide advice on these issues.
Your Legal Rights in an Accident
If you are a pedestrian injured by a car while walking or crossing the street, you may have a legal right to seek compensation from the driver if the driver was not acting with reasonable care while driving. Pennsylvania is a modified comparative negligence state, meaning a pedestrian can still recover even if they were partially responsible. Under modified comparative negligence rules, a pedestrian must show the driver was at least 51 percent responsible to recover any compensation.
Modified comparative negligence also impacts how much a pedestrian can recover. If a driver is 100 percent responsible, you will be entitled to full compensation for your injuries. But if a pedestrian is, for example, 25 percent responsible, that amount will reduce their compensation, and they will be entitled to only 75% of the total amount owed.
A Montgomery County pedestrian accident lawyer can help you review your situation and assess whether you might have any liability for an accident that you experienced. In many pedestrian accidents caused by driver negligence, the pedestrian bears no fault. Still, if you crossed a street while a don’t walk signal was flashing or stepped directly in front of a moving vehicle, you may bear some responsibility.
Compensation Available to Pedestrians
If you have been injured by a vehicle and the driver is at fault for the accident, there are several different types of compensation that you can recover. Pennsylvania courts recognize that being struck by a vehicle can be very traumatic and lead to long-term physical and emotional consequences. The law typically breaks compensation down into two categories: economic and noneconomic damages.
Economic damages include damages with a specific number attached or a clear bill for their costs. For example, medical bills and expenses, lost wages, and lost future earning ability due to ongoing injuries. Noneconomic damages are also harmful but much harder to capture with an exact number. Noneconomic damages can include pain and suffering that the pedestrian experiences, loss of enjoyment of activities and hobbies you once loved, and loss of consortium, which includes impact to your family relationships as a result of your injuries.
Speak with an Experienced Attorney for Free
The Montgomery County car accident lawyer team at Anthony C. Gagliano III, Esquire, P.C., has years of experience representing injured Pennsylvania pedestrians in pedestrian accident lawsuits and negotiations. They fight for your right to full compensation after an accident, negotiate with insurers, and, where necessary, utilize the court system to advocate for what you deserve. For more information or to schedule a consultation, contact us today.