Whether they are enjoying the gorgeous riverwalk, taking in the town square, or relaxing by Lake Monroe, people love to walk around Sanford. Its quaint, small-town feel and year-round magnificent weather make it an excellent place for people who love to get outdoors. However, even in an idyllic place like Sanford, motorists still dominate the streets, making them hazardous for pedestrians.
If you or a loved one have been injured in a pedestrian accident, you may have severe injuries that could be compensated in a personal injury claim. When a car hits a pedestrian, catastrophic injuries are common. Recovery can be difficult, time-consuming, and expensive. In addition, while most people will be unable to work during recovery, some people will never be able to return to work. Lost wages and lost earning capacity only compound the financial difficulties linked to pedestrian accidents.
A Sanford pedestrian accident lawyer could review your case and determine if you have any potential remedies.
While many people think of walkers when they hear the term pedestrians, Florida Statutes § 316.130 contains a broader definition of the term. In addition to people walking, running, and jogging, it includes skaters, skateboarders, and people in wheelchairs. One of the more confusing aspects of the law is that it sometimes contains cyclists, but only when they are riding their bike on sidewalks. Otherwise, the law treats cyclists like motorists.
With that expanded concept of pedestrians, it becomes clear that many pedestrians routinely violate the laws governing pedestrian behavior. For example, pedestrians — except for cyclists — must use sidewalks when they are available. If there is no sidewalk available, pedestrians should use the left side of the road — walking against vehicular traffic on a two-way road.
Pedestrians have to obey other traffic rules, like stopping at a red light or walk signal. The walk signal, when available, takes precedence over the traffic light.
Pedestrians do not have an unlimited right-of-way. For example, the law explicitly prohibits pedestrians from standing in roadways to try to solicit money, rides, or business. The law also prohibits them from standing in parking spaces to try to save them or using those parking spaces for purposes other than parking — like setting up chairs to watch a fireworks display.
Pedestrians do have a right of way in crosswalks, at stop signs, and at intersections as long as they observe signals. The exception is when there are tunnels or overhead bridges for pedestrians; when they are available, pedestrians must use them instead of the intersection.
All of these rules could affect your claim for damages if you are injured by a driver. Our pedestrian injury lawyer in Sanford could gather the relevant facts of your case to determine if you have a valid claim.
Under Florida Statutes § 768.81, the court bases its damage award on each party’s share of liability for the accident. A party who is more than 50 percent responsible for their injuries is unable to recover from other parties. Whether a pedestrian will be able to recover for their injuries depends on whether or not they were more than 50 percent responsible for the accident that led to those injuries.
Although the law prohibits behaviors like jaywalking, it never removes the driver’s duty of care. If the driver should have been able to stop before striking a pedestrian, they will almost always have the majority of the responsibility for the accident. When a driver is speeding, distracted, being aggressive, not watching for pedestrians, intoxicated, or anything else that might be reckless, they will probably be liable.
On the other hand, if pedestrians appear in the road from nowhere, drivers may not be liable. For example, a pedestrian darting out from between two vehicles directly in front of a car may have all of the liability for that accident. To understand how modified comparative negligence might impact your ability to recover, speak to a pedestrian accident attorney in Sanford.
Every personal injury claim is fact-specific and pedestrian claims are no exception. To learn more about your rights and responsibilities after an accident, schedule a consultation with an attorney from The Umansky Law Firm. A Sanford pedestrian accident lawyer could review the facts of your case and provide you with information on how to recover the financial payout you need to get your life back on track.
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