In Pennsylvania, Who Has the Right of Way in an Unmarked Crosswalk?

Protect your rights after being injured in a Pittsburgh pedestrian accident

An unmarked crosswalk in Pennsylvania is a portion of the roadway at an intersection without painted lines or other markings indicating a pedestrian crossing area. Pennsylvania law considers these areas legal crosswalks despite the absence of visible markings.

You’ll typically find unmarked crosswalks at intersections where the sidewalk would naturally continue across the street if extended. Both urban and rural settings feature these crosswalks, often in residential areas or less trafficked streets where local authorities haven’t deemed painted crosswalks necessary.

Unmarked crosswalks can be dangerous for pedestrians due to the lack of clear visual cues, such as painted lines or signage. Confusion over the right of way can lead to pedestrian accidents when drivers fail to yield, resulting in serious and sometimes fatal injuries. Victims often have legal recourse through the civil justice system, and an experienced Pittsburgh pedestrian accident lawyer can help navigate the legal process of recovering compensation.

What are the Pennsylvania laws regarding right of way at unmarked crosswalks?

Pennsylvania’s Vehicle Code, Title 75, Chapter 35, outlines the rules for pedestrians’ right-of-way in crosswalks, including unmarked ones. Pennsylvania law grants pedestrians the right of way in both marked and unmarked crosswalks.

The right-of-way rules for unmarked crosswalks largely mirror those for marked crosswalks in Pennsylvania. The primary difference lies in visibility and driver awareness. Unmarked crosswalks require more vigilance from both drivers and pedestrians, as there are no visual cues to alert drivers to potential pedestrian crossings.

Pedestrians crossing the road at an unmarked crosswalk have the right of way over vehicles. However, they also have responsibilities:

Pedestrians must not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is too close.
Pedestrians must use due care and caution when crossing the road, even when they have the right of way.
When traffic control signals operate, pedestrians must comply with these signals, which often tell pedestrians when to “walk” or “don’t walk.”

What are drivers’ obligations?

Drivers approaching an unmarked crosswalk have several key obligations:

Pedestrians already in the crosswalk have the absolute right of way.
Vehicles must yield to pedestrians about to enter an unmarked crosswalk.
Pedestrians must yield to vehicles at mid-block crossings without a marked or unmarked crosswalk.
When one vehicle stops for a pedestrian at an unmarked crosswalk, vehicles in other lanes must also stop.
Drivers turning at an intersection must yield to pedestrians crossing in an unmarked crosswalk, even if the driver has a green light.
Drivers must yield the right of way to pedestrians crossing the roadway within any unmarked crosswalk at an intersection.
When stopping for a pedestrian at an unmarked crosswalk, drivers must stop before entering the crosswalk and remain stopped until the person has crossed the lane in which the vehicle is traveling.
Drivers must exercise due care to avoid colliding with pedestrians, including sounding the horn when necessary and exercising proper caution upon observing a child or any obviously confused or incapacitated person on the roadway.

What are some safety tips for pedestrians?

Entering a crosswalk can be risky, even when you have the right of way. Pedestrians can protect themselves from getting hit by doing the following:

Make yourself visible by wearing bright or reflective clothing, especially at night.
Establish eye contact with drivers before crossing.
Be predictable and cross at designated areas.
Stay alert and avoid distractions like using your phone while crossing.
Always look both ways before and during crossing.
Don’t assume drivers will stop, even if you have the right of way.

What are some safety tips for drivers?

To avoid potentially hitting a pedestrian in a crosswalk, drivers should adhere to the following safety tips:

Slow down when approaching intersections.
Anticipate pedestrians at any intersection, even without marked crosswalks.
Come to a full stop before a crosswalk area when yielding to pedestrians.
Wait until pedestrians have fully crossed your lane before proceeding.
Always check for pedestrians when turning at an intersection.
Exercise extra caution in low visibility conditions.

What are the consequences of violating Pennsylvania right-of-way laws?

Violation of this law is considered a summary offense. According to 75 Pa.C.S. § 6502(a), summary offenses are punishable in Pennsylvania by:

A fine of up to $300
3 points added to driver’s license (75 Pa.C.S. § 1535(a))
Possible license suspension for repeat offenders (75 Pa.C.S. § 1533)

If a driver’s failure to yield results in injury to a pedestrian, they may face more serious criminal charges. Under 75 Pa.C.S. § 3742, leaving the scene of an accident involving injury or death is a third-degree felony, punishable by up to 7 years in prison and a fine of up to $15,000.

What should I do if I’ve been involved in a pedestrian accident?

If you or a loved one was hit by a car while in a crosswalk, it’s important to take immediate action to protect your health and legal rights. Here are the steps you should take:

Ensure your safety: Move to a safe area, if possible, out of the path of traffic. If you’re severely injured, try not to move and wait for medical help.
Call 911 immediately: Report the accident to the police and wait for them to arrive at the scene. Request immediate medical assistance if necessary.
Gather information: Take pictures of the pedestrian accident scene, including visible injuries and any damage to the vehicle involved.
Exchange information: Exchange insurance and contact information with the driver and any other parties involved or witnesses.
Seek medical attention: Even if you feel fine, get checked by paramedics or go to a hospital. Some injuries may not be immediately apparent.
Report to insurance: Notify your auto and health insurance companies about the pedestrian accident and only provide basic details.
Preserve evidence: Keep all medical records and bills, and don’t wash clothes worn during the pedestrian accident.
Be cautious with statements: Avoid admitting fault or making detailed statements to the driver’s insurance company. Stick to the facts when giving a statement to the police.
Get legal help: Consult with a skilled Pittsburgh pedestrian attorney to understand your rights and potential compensation.

Contact a Pittsburgh pedestrian accident attorney to review your legal options

At Romanow Law Group, our pedestrian accident lawyers have extensive experience fighting for the rights of injury victims in Pittsburgh and throughout Western Pennsylvania. We can thoroughly investigate your pedestrian accident and work to prevent insurance companies from undervaluing your claim or denying you fair compensation.

Our legal team can demand maximum financial compensation for medical expenses, lost wages, and pain and suffering. We offer free consultations to discuss your case and explain your legal options. Plus, we work on a contingency fee basis, so you owe us nothing unless we recover compensation for you.

To get started, contact us online or call our Pittsburgh law office to schedule your free consultation.

“…I have had direct access to David and his team at all times and have worked directly with an attorney and not a secretary or paralegal. Do yourself a favor and get the Romanow Law Group on your side and let them handle it.” – Brian S., car accident claim

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