Walking in Upper Darby should be safe. Whether you’re crossing Garrett Road near the 69th Street Transportation Center, heading through the 69th Street Shopping District, or making your way along West Chester Pike (Route 3), you have the right to use the road without a driver putting your life at risk. When a careless driver takes that safety away, you deserve answers, and you deserve someone in your corner who knows Pennsylvania law. That’s exactly what the team at MyPhillyLawyer, a Philadelphia personal injury lawyer firm serving clients throughout the region including Upper Darby, is here to provide.

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Why Upper Darby Pedestrian Accidents Are a Serious Problem

Upper Darby is Pennsylvania’s sixth-most populous municipality and its largest home-rule township, with more than 84,000 residents packed into just 7.9 square miles. That density means a lot of foot traffic sharing the road with a constant flow of vehicles along busy corridors like West Chester Pike, Marshall Road, and Lansdowne Avenue.

The numbers at the state level tell a troubling story. According to PennDOT crash data, pedestrian-related crashes represent only about 2.9% of all reported traffic crashes in Pennsylvania, yet they account for more than 15% of all traffic crash fatalities. That gap between how rarely pedestrian crashes happen and how deadly they are when they do is not a coincidence. It reflects how exposed and vulnerable a person on foot is when a vehicle strikes them.

NHTSA’s Fatality Analysis Reporting System (FARS) data shows Pennsylvania recorded 192 pedestrian fatalities in a recent reporting year, and PennDOT data confirms that 73.1% of pedestrian fatalities occur at locations other than intersections, meaning mid-block crossings and driveways are among the most dangerous spots. In Upper Darby, where commercial strips create constant pedestrian movement between parked cars and storefronts, that risk is very real.

Pedestrian safety has been identified by Pennsylvania’s Highway Safety Plan as one of the state’s three priority emphasis areas, alongside lane departure crashes and impaired driving. The fact that the state is actively working to reduce these numbers tells you just how serious the problem is. If you or a loved one was struck by a vehicle in Upper Darby, you are not alone, and you have legal options.

Pennsylvania Laws That Protect Pedestrians and Establish Driver Liability

Pennsylvania law is clear about who bears responsibility at crosswalks and intersections. Under Title 75 of the Pennsylvania Consolidated Statutes, specifically Section 3542, a driver must yield the right-of-way to a pedestrian crossing within any marked crosswalk or any unmarked crosswalk at an intersection when traffic-control signals are not in place or not in operation.

That rule covers more ground than most people realize. A crosswalk does not need painted lines to be legally recognized. Under Pennsylvania law, a crosswalk exists at every intersection where sidewalks would logically extend across the roadway, whether or not those lines are painted. So even if a driver claims they did not see a crosswalk, the law may still hold them responsible.

Section 3542 also prohibits a driver from passing another vehicle that has stopped at a crosswalk to let a pedestrian cross. This is a common cause of secondary strikes, where a pedestrian steps in front of a stopped car and is then hit by a vehicle in the adjacent lane that did not stop.

Drivers making right turns must yield to pedestrians lawfully in a crosswalk, even on a green light or a legal right-on-red turn. Drivers making left turns face the same obligation. Failure to yield under these circumstances is a summary offense under Pennsylvania law and creates direct civil liability for any injuries caused.

Pedestrians also carry some responsibility. Section 3543 requires pedestrians crossing outside a crosswalk or intersection to yield to vehicles. And under Section 3542(b), a pedestrian cannot suddenly leave a curb and walk into the path of a vehicle that is too close to stop safely. These rules matter in injury claims because they can affect how fault is divided between the parties.

How Pennsylvania’s Comparative Negligence Law Affects Your Claim

Even if you were partially at fault for a pedestrian accident, you may still recover compensation under Pennsylvania law. The state follows a modified comparative negligence rule, codified at 42 Pa. C.S. § 7102. This statute allows an injured person to recover damages as long as their share of fault does not exceed the combined fault of all defendants.

Here is how it works in practice. Say a jury finds that a driver was 80% at fault for failing to yield at a crosswalk on Garrett Road, and that you were 20% at fault for crossing slightly outside the marked lines. Under Section 7102, your total damages would be reduced by your percentage of fault. If your damages are $100,000, you would recover $80,000. You are only barred from recovery if your fault is found to be greater than the defendant’s.

This rule matters enormously in pedestrian cases because insurance companies almost always try to blame the pedestrian. They may argue you were jaywalking, distracted by your phone, wearing dark clothing at night, or crossing against the signal. These arguments are designed to reduce or eliminate your payout. An experienced legal team knows how to counter them with evidence, including surveillance footage from nearby businesses, eyewitness accounts, police reports, and accident reconstruction analysis.

Where multiple defendants share fault, such as a negligent driver and a municipality that failed to maintain a safe crosswalk, Section 7102(a.1) governs how liability is divided among them. Each defendant is generally liable for their proportionate share, though joint and several liability applies when a single defendant is found responsible for 60% or more of the total fault. Understanding these rules is critical to making sure every responsible party is held accountable.

What Damages Can a Pedestrian Accident Victim Recover in Pennsylvania?

A pedestrian struck by a vehicle can suffer catastrophic injuries. Broken bones, traumatic brain injuries, spinal cord damage, internal organ injuries, and amputations are all common outcomes. These injuries do not just cause physical pain. They create financial hardship that can last for years, or permanently.

Pennsylvania law allows injured pedestrians to pursue compensation for both economic and non-economic damages. Economic damages include past and future medical bills, rehabilitation costs, lost wages, and lost earning capacity. Non-economic damages cover pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement.

In cases where a pedestrian is killed, the family may bring a wrongful death claim under 42 Pa. C.S. § 8301. This statute allows eligible survivors, typically a spouse, children, or parents, to recover damages for the financial losses they suffered as a result of the death. If no eligible survivors exist, the personal representative of the deceased may still bring a claim to recover hospital, nursing, medical, and funeral expenses under Section 8301(d).

Pedestrian accident injuries often involve long-term care needs. If you suffered a spinal cord injury, a traumatic brain injury, or an amputation, the cost of future treatment can easily reach into the hundreds of thousands of dollars. Any settlement or verdict must account for those future costs, not just the bills you have already received. At MyPhillyLawyer, we work to make sure your claim reflects the full scope of what you have lost and what you will need going forward.

The Deadline to File a Pedestrian Accident Claim in Pennsylvania

Pennsylvania law sets a strict deadline for filing personal injury and wrongful death claims. Under 42 Pa. C.S. § 5524, the statute of limitations for most personal injury actions, including pedestrian accident claims, is two years from the date of the accident. Miss that deadline, and you lose your right to sue, regardless of how strong your case is.

Two years may sound like plenty of time, but it passes quickly when you are focused on recovering from serious injuries. Medical treatment, physical therapy, and the emotional toll of a traumatic accident can make it easy to delay taking legal action. Meanwhile, critical evidence, including traffic camera footage, witness memories, and physical evidence at the scene, can disappear.

There are limited exceptions to the two-year rule. If the injured person is a minor, the clock generally does not start running until they turn 18. If the injury was not immediately discoverable, the discovery rule may apply. But these exceptions are narrow and fact-specific. Do not assume you qualify for an extension without speaking to an attorney first.

When a government entity, such as Upper Darby Township or PennDOT, shares responsibility for the accident, additional notice requirements may apply. Claims against government agencies in Pennsylvania often require that formal notice be provided within six months of the incident. Failing to meet that requirement can bar your claim entirely, even if the two-year statute of limitations has not yet expired.

If you were injured in a pedestrian accident in Upper Darby, do not wait. Contact MyPhillyLawyer at (215) 227-2727 or Toll Free: 866-352-4572 today. Our office is in Philadelphia, and we represent clients throughout the region, including Upper Darby in Delaware County. We handle pedestrian accident cases on a contingency fee basis, which means you pay no attorney’s fees unless we recover compensation for you.

FAQs About Upper Darby PA Pedestrian Accident Claims

Do I have a case if I was hit by a car while crossing outside a crosswalk in Upper Darby?

You may still have a valid claim even if you were not in a marked crosswalk. Under Pennsylvania’s comparative negligence rule at 42 Pa. C.S. § 7102, you can recover damages as long as your share of fault does not exceed the driver’s. Drivers still have a duty to use reasonable care and avoid striking pedestrians, even outside designated crosswalks. The specific facts of where you were crossing, the lighting conditions, vehicle speed, and driver behavior all factor into how fault is divided. An attorney can review those facts and give you a realistic assessment of your claim.

What if the driver who hit me does not have insurance?

If the driver who struck you is uninsured, you may be able to recover through your own uninsured motorist (UM) coverage if you have an automobile insurance policy in Pennsylvania. Pennsylvania law permits pedestrians to access UM benefits from their own policy when they are injured by an uninsured driver. If you do not own a vehicle, you may be able to access UM coverage through a household member’s policy. This is a complex area of insurance law, and having an attorney help you pursue every available source of recovery is critical.

How long does a pedestrian accident lawsuit take in Pennsylvania?

The timeline varies depending on the severity of your injuries, the clarity of fault, and whether the case settles or goes to trial. Many pedestrian accident claims resolve through negotiation with the at-fault driver’s insurance company within several months to a year. Cases involving serious injuries, disputed liability, or government defendants often take longer. Because the statute of limitations under 42 Pa. C.S. § 5524 gives you two years to file, starting the process early gives your legal team the best chance to build a strong case and negotiate from a position of strength.

Can I file a claim if a loved one was killed in a pedestrian accident in Upper Darby?

Yes. Pennsylvania’s Wrongful Death Act, codified at 42 Pa. C.S. § 8301, allows eligible family members, including a surviving spouse, children, or parents, to bring a claim for the financial losses caused by the death. Recoverable damages can include lost financial support, medical expenses incurred before death, and funeral costs. A separate survival action may also be brought on behalf of the deceased’s estate to recover damages the victim would have been entitled to had they survived. These claims have the same two-year statute of limitations, so acting promptly is important.

What should I do immediately after being hit by a car as a pedestrian in Upper Darby?

Your first priority is getting medical attention, even if you feel okay at the scene. Adrenaline can mask pain, and some injuries, including traumatic brain injuries and internal bleeding, may not be immediately apparent. Call 911 so police can document the scene and file a report. If you are able, photograph the location, the vehicle, any visible injuries, and the surrounding area, including crosswalk markings and traffic signals. Get the driver’s name, contact information, and insurance details. Collect contact information from any witnesses. Then contact a pedestrian accident attorney as soon as possible so that evidence can be preserved and your legal options can be evaluated before critical deadlines pass.

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