It should come as no surprise that Florida is the nation’s most dangerous state for pedestrians. With its thriving tourist industry, the state not only has pedestrians who are walking in high-traffic areas, but also drivers unfamiliar with local roads, as well as plenty of retirees and outdoor enthusiasts who enjoy regular walks. If you were a pedestrian injured in a traffic accident, you may not know your remedies.
Pedestrians have the same remedies as others in traffic accidents, including the right to recover damages. A Port St. John pedestrian accident lawyer could review your rights under state law and help you file a personal injury claim.
Many people incorrectly believe that pedestrians always have the right of way when crossing the street. That is not true. Fla. Stat. § 316.130 covers the rules pedestrians must follow. The term “pedestrian” does not just mean people who are walking, jogging, or running, but also people roller skating, skateboarding, and in wheelchairs. Most of the time, bicyclists are not pedestrians. However, when bicyclists are on sidewalks, the law treats them like pedestrians but requires them to yield to other pedestrians. Pedestrians have the right of way:
However, pedestrians do not otherwise have the right of way. In fact, Florida law prohibits pedestrians from walking in the street where a sidewalk is available. If no sidewalks are present, pedestrians should face on-coming traffic, where possible. While it does not use the term jaywalking, state law does prohibit jaywalking behaviors. It also prohibits pedestrians from standing in the roadway to solicit drivers.
Finally, pedestrians cannot walk on interstates or other limited access roadways. Even when a pedestrian shares some responsibility for the accident, they may be able to recover from a driver. A Port St. John attorney could help pedestrians understand their rights after an accident.
While pedestrians must follow the law, drivers always have the duty to avoid colliding with pedestrians. In other words, if a pedestrian violates the law, but a driver could safely stop or swerve to avoid them, the driver must do so. That is an essential factor that will impact a determination of the percentage of fault. The pedestrian and driver can share responsibility in a pedestrian accident, but if the injured party is more than 50 percent at fault, they will be barred from getting any damages.
Speeding, tailgating, running stoplights, failing to stop at stop signs, distracted driving, and other issues can increase the risk that a driver will hit a pedestrian. If a driver is violating traffic laws, that negligent behavior increases their chances of legal responsibility for an accident. A pedestrian injury lawyer in Port St. John could investigate to see if a driver violated any laws at the time of the impact, which could greatly help a case.
One of the significant differences between pedestrian accidents and auto accidents is that pedestrians do not carry no-fault insurance to pay for their medical claims. That can make it even more critical that pedestrians recover damages from anyone whose negligence caused their injuries but they must do so by proving the driver was primarily at fault. A pedestrian accident lawyer in Port St. John could evaluate your situation to determine whether someone else may be financially liable for your injuries. Start by scheduling your free consultation with our respected law firm today.
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