Hit at a Florida Crosswalk: What You Need To Know About Your Rights and Liability
Getting hit by a vehicle while crossing the street is scary and overwhelming. It can change your life in an instant. Suddenly, you may be dealing with severe injuries, medical bills, and missed work.
If the accident happened in Florida, you may wonder who’s responsible and if you can recover compensation. Florida law generally sides with pedestrians when it comes to crosswalk accidents, but liability isn’t always straightforward. Keep reading to learn more!
Do Pedestrians Always Have the Right of Way?
In Florida, drivers usually have to yield to pedestrians in marked crosswalks or intersections with working signals. Drivers should remain alert, slow down near crosswalks, and stop when someone is crossing.
But pedestrians also have responsibilities. You’re expected to follow traffic signals and not step suddenly into the path of a vehicle that is too close to stop safely. Since both drivers and pedestrians have legal duties, liability depends on the details of each case.
Who’s Liable After a Florida Crosswalk Accident?
Most crosswalk accidents happen because drivers fail to yield, speed, get distracted, or make unsafe turns. Left turns are a major cause of these accidents because drivers often watch for cars but miss pedestrians already crossing.
However, it’s not always just the driver’s fault. Florida follows the modified comparative negligence rule. According to Florida Statutes section 768.81, an injured pedestrian can recover compensation if they’re 50% or less at fault, although their payout gets reduced based on their share of blame. If you’re more than 50% at fault, you can’t recover damages.
What Should You Do After the Accident?
What you do after getting hit is crucial, not just for your health, but also for your claim.
Here are some crucial steps you should take;
- Call 911 and report the accident
- Get medical attention right away
- Take photos of the scene, your injuries, and the car if you can
- Collect contact information from witnesses
- Get a copy of the police report
Also, avoid discussing fault or giving a recorded statement to an insurer without first talking to a lawyer.
Building a Strong Claim
Insurance companies often try to argue that the pedestrian caused the crash or contributed to it. Strong evidence can help support your claim and establish liability.
Useful evidence includes;
- Police reports
- Medical records
- Traffic camera or security footage
- Photos from the scene
- Witness statements
Evidence can disappear fast, and witnesses may become harder to reach, so gather what you can as soon as possible.
What Can You Recover?
After a Florida crosswalk accident, you might be able to claim compensation for medical costs, lost wages, reduced earning capacity, pain and suffering, and more. How much you recover depends on factors such as the severity of your injuries, insurance coverage, and the strength of your evidence.
An important thing to note is that Florida law generally gives you 2 years from the date of the accident to file a lawsuit. If you wait too long, you could lose your chance to recover compensation.
Disclaimer: This article is meant for informational purposes only. Every accident is different, so reach out to an attorney about your specific situation.
Contact Us for Legal Help
If you were hit at a Florida crosswalk, you don’t have to tackle the situation alone. A skilled Orlando pedestrian accident attorney at Orlando Accident Attorneys can investigate your accident, protect your rights, handle insurers, and fight for the compensation you deserve. Contact our office for a consultation.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html