How to Determine Fault in a Pedestrian Accident
Pedestrian accidents are extremely common in Florida. Over 10 years, there were 5,433 pedestrian deaths, which averaged approximately 2.73 deaths per 100,000 people. Accidents can be severe for pedestrians, potentially resulting in broken bones, a traumatic brain injury, or death.
The driver is most frequently liable for the accident, but there are some cases where the pedestrian may be partially at fault. So, how do you determine who is at fault for a vehicle–pedestrian accident? In most cases, it’s determined by who was negligent, and therefore responsible for causing the accident. If you were injured in one of these accidents, you should seek representation from a competent car accident attorney.
How to Prove Negligence in a Vehicle–Pedestrian Accident
There are many factors you must consider when proving negligence. Many people wrongly assume that drivers are always at fault for accidents involving pedestrians. However, many questions will come up throughout your case regarding whether the driver was entirely or only partially responsible for the accident. These questions will be mainly about how the accident occurred.
It may be hard to determine who was at fault for the accident. A pedestrian accident injury lawyer will conduct a full investigation to pinpoint who is liable. In addition, your attorney will have to prove that there was a breach of duty that caused your damages.
When Are Drivers at Fault Pedestrian Accidents?
In most pedestrian-related accidents, drivers are held liable for a variety of reasons, including:
- Driving under the influence of drugs or alcohol
- Running a red light or stop sign
- Turning without making sure you’re clear of pedestrians
Since pedestrians have no protection, drivers should always be more careful when pedestrians are in the area.
When Pedestrians Are Responsible for Accidents
A common misconception is that the pedestrian is always innocent. Pedestrians must obey all traffic laws, including:
- Stopping at crosswalks
- Not jaywalking
- Avoiding prohibited areas, such as highways
Pedestrians should exercise common sense when walking in heavily trafficked areas. Always be alert of your surroundings and only cross when it’s safe to do so.
What If Both Parties Were Negligent?
There are instances where both the driver and pedestrian were acting negligently. For example, if a pedestrian was jaywalking, but they were hit by a driver who ran a stop sign, a court could hold both liable. In this case, a judge will use the comparative negligence rule. The court may find that the pedestrian was 10% responsible, so their compensation would be reduced by that amount.
For example, if you were awarded $10,000 and are 10% responsible, you’ll receive $9,000. Comparative negligence still allows the pedestrian to receive financial compensation for the accident, but it holds them accountable for their role in causing the accident. As long as the pedestrian is not more than 50% responsible, they can recover damages.
Contact a Personal Injury Lawyer in Central Florida
If you or a loved one was involved in a pedestrian accident in Central Florida, you deserve proper legal representation. The attorneys at The Umansky Law Firm have over 100 years of combined experience and possess the legal knowledge and skill needed to navigate pedestrian accident claims. We will conduct a thorough investigation of the case to determine who was at fault and represent you in any legal matters.
Our team is passionate about helping the injured get on the road to recovery and obtain the financial compensation they deserve. Call our office or complete a contact form to schedule a free consultation today.