The Complexity of the “Sudden Hazard” Defense
When a person is struck while attempting to assist others on the roadway, insurance companies often attempt to shift 100% of the liability onto the pedestrian. They argue that the individual was a “sudden hazard” or was “unlawfully in the roadway.” However, Pennsylvania law places a heavy burden on drivers to maintain a proper lookout and adjust their speed to the conditions of the road. For grieving families, the legal battle centers on proving that the driver failed their “duty of care” by failing to see what was there to be seen.
The Accident Brief
- Incident Date: Monday, January 12, 2026.
- Location: Green Spring Road, North Newton Township, PA.
- The Conflict: A 37-year-old man was acting as a pedestrian while attempting to direct traffic around a disabled vehicle when he was struck by an oncoming car.
- Outcome: Police report that the pedestrian was tragically killed in the impact; the investigation into the driver’s actions is ongoing.
Legal Analysis: Pennsylvania Statutes and Driver Responsibility
Establishing liability in a roadside fatality requires a deep dive into the Pennsylvania Vehicle Code and the specific duties drivers owe to those outside of a vehicle.
- The Assured Clear Distance Ahead Rule: Under 75 Pa. C.S.A. § 3361, drivers must operate their vehicles at a speed that allows them to stop within the “assured clear distance ahead.” If a driver strikes a pedestrian who is stationary or moving predictably, it often suggests a violation of this code, as the driver failed to maintain enough control to avoid a foreseeable obstacle.
- Pedestrian Rights and Duties (75 Pa. C.S.A. § 3542): While this code outlines where pedestrians should be, it does not absolve a driver of the duty to exercise due care. Pennsylvania courts have consistently held that drivers must be vigilant, especially in areas where disabled vehicles or flashing hazard lights are present, as these serve as a legal warning of a potential pedestrian in the roadway.
- Wrongful Death and Survival Actions (42 Pa. C.S.A. § 8301): When negligence results in a fatality, the family may pursue a Wrongful Death claim to recover for the loss of financial support and companionship. This is often filed alongside a Survival Action, which seeks damages for the victim’s estate.
Immediate Action Steps: Preserving “Hard” Evidence
In pedestrian accidents, physical evidence on the road disappears within hours. To protect a potential claim, the following must be secured immediately:
- Vehicle Forensic Inspection: We must examine the striking vehicle’s braking system and headlights. If the brakes were faulty or a headlight was out, it drastically changes the liability profile.
- Electronic Data Recorders (EDR): Most modern cars record speed and braking data. A Spoliation Letter must be sent to the driver’s insurance carrier to ensure this data isn’t deleted or overwritten.
- Toxicology and Phone Records: We investigate whether “distracted driving” or impairment played a role. Securing cell phone pings can prove if the driver was looking at a screen rather than the road.
Contact Our Pennsylvania Car Accident Lawyer
If your family has been affected by a similar tragedy, the weight of the legal process should not fall on your shoulders while you are grieving. At Stanley Law Offices, we understand the nuances of Pennsylvania traffic law and the tactics insurance companies use to deny pedestrian claims. Contact us today at 8889973889 for an empathetic and thorough evaluation of your rights. Our PA auto accident lawyers are here to help you find the answers and the justice your family deserves.
