Pedestrian accidents are all too common in the State of Florida. In most cases, the driver will be held liable for a pedestrian accident. However, there are times that the pedestrian could be at fault.
If you or someone you know were involved in a pedestrian accident in the State of Florida, then you should consider hiring a personal injury lawyer. You could be owed hundreds and thousands of dollars in compensation for the serious injuries, medical expenses, lost income, and property damage incurred.
At The Law Place, we have over seventy-five years of collective experience and knowledge in managing pedestrian accidents for clients throughout the State of Florida. Our law firm has an in-depth knowledge of traffic law, and we will help to guide you through the legal system with skill and efficiency.
You might be wondering, “When is a pedestrian at fault for a car accident?” and the answer is not quite straightforward. If you have questions in regard to a pedestrian accident, then you should get in touch with a personal injury lawyer now.
Our phone lines are available twenty-four hours a day, seven days a week, so that you can speak to a lawyer when you need it the most.
Contact The Law Place on (941) 444-4444 to schedule a free consultation today.
Determining Fault When a Pedestrian Is Hit by a Car
An in-depth investigation must be conducted when a car hits a pedestrian in the State of Florida. It is important that the actions of the driver and the actions of the pedestrian are analyzed in order to determine who is at fault.
What Was the Driver Doing at the Time of the Accident?
It is important to look into the actions of the driver before you can determine who should be held liable. The actions usually include:
- Was the driver legally traveling in a direction where they are allowed to drive?
- Was the driver traveling at a safe speed for the current circumstances?
- Was the driver giving their full attention to the road?
All drivers and pedestrians must obey traffic laws in the State of Florida. If the driver was traveling safely and abiding by Florida law, then they will hold very little or no fault in a pedestrian accident. If the driver was doing one of the above things, then they will have some fault. However, if the pedestrian did nothing wrong, then the driver will hold all fault for the pedestrian accident.
What Was the Pedestrian Doing at the Time of the Accident?
Next, it is important to look into the actions of the pedestrian. The type of questions that a car accident lawyer will ask to prove fault include:
- Did the pedestrian have the right of way at the time of the accident?
- Was the pedestrian breaking the law at the time of the accident?
If the pedestrian had the right of way and they were not breaking the law, then they would not hold fault for getting hit by a car. However, if they were breaking the law in some way, then they will hold some fault for the accident.
For a free legal consultation, call 941-444-4444
How a Driver May Be at Fault for Hitting a Pedestrian
Drivers have a responsibility to follow traffic signals and be cautious when approaching a marked crosswalk. They also have to stop for pedestrians. The most common ways that a driver can be at fault include:
- The driver was speeding.
- The driver failed to yield to a pedestrian.
- The driver failed to look for children playing in the street.
- The driver failed to look for pedestrians standing on the corner at intersections.
- The driver failed to see pedestrians walking at a crosswalk.
- The driver failed to recognize a special pedestrian crossing at an intersection.
- The driver failed to give right of way to a bicyclist.
- The driver was drunk behind the wheel.
The driver will be at fault for hitting a pedestrian in any of the above circumstances. However, there are certain situations where they might share liability with the pedestrian or another party who was involved in the accident.
How a Pedestrian May Be at Fault in a Car Accident
A pedestrian who continues walking when they do not have the right of way is called a jaywalker. When a person jaywalks and they are hit by a car, then they will share a percentage of fault or hold all fault in an accident.
Jaywalking and Fault
Jaywalking is when a person walks into the street without concern for traffic or a place where they are not supposed to be. The most common types of jaywalking tend to include:
- The pedestrian was walking outside of a crosswalk.
- The pedestrian was crossing in the middle of the street.
A jaywalking person can be at fault for an accident because the driver did not expect that a person would be crossing the road, or it was not permitted by Florida law.
Other Ways Pedestrians Can Be at Fault
There are other illegal or inappropriate activities that a pedestrian does that could make them responsible for an accident. The most common ways that a pedestrian could be at fault include:
- The pedestrian was walking in a crosswalk when the ‘do not walk’ signal was flashing.
- The pedestrian was entering the roadway, highway, or street while drunk, on drugs, or intoxicated in some way.
- The pedestrian was walking in a prohibited area along the bridge, causeway, or road.
- The pedestrian was wearing dark clothes at night and not being cautious around traffic.
- The pedestrian failed to look before crossing the road.
- The pedestrian was looking at a mobile phone while walking.
- The pedestrian was chasing a ball or other object that fell into the street.
When Both the Car and the Pedestrian Are at Fault
In some cases, the driver and the pedestrian will share fault for an accident. For example, a driver was speeding, and a pedestrian who was jaywalking collided in the road. If the driver was traveling at a slower speed, then they could have stopped before the impact. However, the pedestrian was walking in an area that a driver could not anticipate for them to be.
Many people think that a driver cannot be at fault in the event that a pedestrian is intoxicated, but this is not necessarily true. Naturally, pedestrians will be at fault if they are drunk or on drugs and they step into the middle of traffic. However, the driver can also share fault if they were speeding or not paying attention to the road.
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Can a Pedestrian Get a Settlement in an Accident?
If a car hits a pedestrian and the driver is at fault for the accident, then it is definitely possible to achieve a settlement. However, the settlement amount will depend on a series of different factors, such as:
Common Pedestrian Injuries and How They Affect Your Settlement
The type of injuries that a pedestrian suffers in an accident will affect the amount of money that you win in a settlement. When a pedestrian sustains minor injuries, the settlement will most likely be quite small. The more serious the injuries, the larger the settlement will be. The most common pedestrian injuries tend to include:
- Death (The National Highway Traffic Safety Administration reported that 5,977 pedestrians were killed in car accidents in the year 2017).
- Broken legs, ankles, hips, arms, and pelvis.
- Traumatic brain injuries (TBI) and concussion.
- Spinal cord injuries
- Bruises, cuts, and scrapes to arms, hands, face, head, and legs.
Factors That Influence Settlement Amount
There are plenty of other factors that influence the amount of money that you will receive in a settlement following a pedestrian accident in the State of Florida. The most common aspects that will affect the settlement amount tend to include:
- The seriousness of the injuries.
- The quality of the personal injury lawyer on your side.
- The insurance adjuster involved.
- The medical care you received and the amount of medical expenses.
- The time that you missed from work and the amount of lost wages.
- The injuries that affect your daily life.
- The question of whether you will have a full recovery.
- The question of whether the driver was at fault.
What Damages Can You Sue for in a Pedestrian Accident?
There are certain damages that you will be able to claim following a pedestrian accident if you were the driver or the pedestrian. The most common types of damages tend to include:
Economic damages are calculated by using bills, receipts, and invoices.
- Medical bills -The money to cover visits to the doctor, hospitalization, treatments, surgery, physical therapy, rehabilitation, medical equipment, prescription medication, and more.
- Loss of income – The money to cover the time at work that you missed, future lost earnings, and a reduced earning capacity since you have been unable to go to work.
- Property damage – The money to cover the damage to your motor vehicle, clothes, mobile phone, and other types of property damage.
Non-economic damages cannot be calculated by using bills, receipts, and invoices. They are unquantifiable.
- Pain and suffering– For a diminished quality of life, including mental anguish, emotional distress, physical pain, fear, depression, PTSD (post-traumatic stress disorder), and other types of pain and suffering.
- Wrongful death – For the death of someone you love in an accident, including funeral expenses, medical bills, lost income, property damage, pain and suffering, and more according to Florida Statute 768.21
How Long do You Have to File a Claim After a Pedestrian Accident?
Florida Statute 95.11 declares that you have up to four years to file a claim from the date of the accident. However, there are certain exceptions depending on the ages of the people involved and other circumstances.
Contact The Law Place Today
If you were the driver or the pedestrian involved in an accident, it is always important to seek the assistance of a personal injury lawyer in the State of Florida. A personal injury attorney will help to prove that you were not at fault and negotiate for the highest possible settlement.
At The Law Place, we have over seventy-five years of combined experience when it comes to tackling pedestrian accident cases for clients who live all over the State of Florida. Our team of personal injury lawyers is highly trained to deal with complicated cases ranging from car accidents to pedestrian accidents.
If you are looking for the best personal injury lawyer, then you have come to the right place. Our law firm will work hard to achieve the best possible result for your case, no matter what. A personal injury lawyer will sit down with you to discuss your case, and you will be able to ask all of the questions that you might have in mind. The phone lines to our office are open twenty-four hours a day, seven days a week.
Contact The Law Place on (941) 444-4444 to schedule a free consultation today.