Can a Pedestrian Be at Fault in a Florida Accident?
People tend to assume drivers are always to blame in pedestrian accidents, but that is not always the case in Florida. According to Florida law, pedestrians can share fault or even be fully responsible for an accident, depending on the facts of the case. Read on to learn more!
Florida Uses a Shared Fault System
Florida follows the comparative negligence rule. Instead of blaming just one person for an accident, courts and insurance companies look at everyone’s role in the accident and decide who’s responsible for what. They assign percentages to each party.
Understanding this system is crucial because it affects how much money you can recover after an accident. In Florida, if you are more than 50% at fault, you lose the right to recover any money from the other side. And if you are 50% or less at fault, your compensation is reduced based on your fault percentage.
For example, if your damages are $100,000 and you are deemed to be 30% at fault, you may only recover $70,000, which is 70% of $100,000.
When a Pedestrian May Be at Fault
Pedestrians aren’t always innocent bystanders. They can be partly or fully at fault for accidents in several situations. Here are a few:
- Crossing the road outside a marked crosswalk (jaywalking).
- Ignoring traffic signals or “Don’t Walk” signs.
- Walking into traffic without checking for cars.
- Walking while distracted
- Stepping into the street so suddenly that the driver couldn’t possibly react.
However, it is important to note that liability is always determined by facts and evidence. So, even if you think you may be partially to blame for your accident, it’s vital to avoid admitting fault and let investigators, adjusters, and attorneys do their job.
The Legal Responsibility of Motorists
Drivers have a legal obligation to watch for pedestrians. Even if a pedestrian makes a mistake, the driver may still be at fault if, for example, they were speeding, distracted, or failed to yield. Florida law requires drivers to exercise “due care,” meaning they must do their best to avoid hitting pedestrians.
Insurance and Pedestrian Accident Claims
Florida is a no-fault state. Personal Injury Protection (PIP) insurance usually pays a portion of the medical bills and lost wages, regardless of fault. What this means is that a pedestrian can still seek no-fault benefits even if they were partly to blame for their accident.
If an injury is serious, a pedestrian might file a claim against the driver’s insurance, but how things go depends on how fault is divided.
The bottom line is that a pedestrian can be at fault in a Florida accident. However, while pedestrians have duties too, drivers usually bear greater responsibility. The outcome of a case always comes down to the specific facts and evidence in each case.
Disclaimer: This article is for general informational purposes only. It isn’t legal advice. For legal advice, talk to a qualified personal injury attorney.
Contact Us for Legal Help
Have you been injured in a pedestrian accident in Florida? Contact our experienced Orlando pedestrian accident lawyers at Orlando Accident Attorneys today to understand your rights, protect your claim, and pursue the compensation you deserve.