Who Is at Fault in a Florida Pedestrian Accident?
Pedestrian accidents can happen in just a few seconds, but their effects can last a lifetime. If you have been hit by a vehicle in Florida, one of the key questions you may have is: Who is liable? The answer to this question isn’t always straightforward. Florida law looks at the actions of all parties involved in a pedestrian accident to establish liability.
Understanding Fault in Florida Pedestrian Accidents
Florida operates under a comparative negligence system. This means that after a pedestrian accident, fault can be divided between the driver and the pedestrian. Each individual is allocated a percentage of responsibility, which affects the amount of compensation a victim can receive. For instance, if you, as the pedestrian, are deemed to be 20% at fault while the driver is deemed to be 80% at fault, you can still claim damages, but your compensation will be reduced by 20%.
A vital thing to note about Florida’s comparative negligence rule (Florida Statutes section 768.81) is that you cannot recover compensation if you are found to be more than 50% at fault for your accident.
When the Driver Is Responsible
Often, after a pedestrian accident, the driver is primarily responsible. In Florida, drivers are legally obligated to operate their vehicles safely and watch out for people on foot. A driver may be considered at fault if they:
- Failed to yield at a crosswalk
- Were speeding or driving recklessly
- Were driving while distracted
- Disregarded traffic signals or signs
- Were driving under the influence of drugs or alcohol
- Ignored traffic signals, such as turning right on red without checking for pedestrians
When the Pedestrian May Share Fault
Pedestrians also have legal obligations under Florida law. The law requires pedestrians to exercise reasonable care when on the road. After an accident, a pedestrian may be partially to blame if they:
- Crossed the street outside of a marked crosswalk
- Disregarded traffic signals
- Suddenly stepped into traffic without allowing the driver enough time to stop
- Were walking while distracted
- Were intoxicated
While rare, a pedestrian may be fully at fault in an accident. For example, if a pedestrian suddenly darted into traffic outside a crosswalk, giving a driver no reasonable time to stop or avoid a collision, the pedestrian could be held fully responsible for the accident.
Determining Fault After a Pedestrian Accident
Evidence is the key to determining fault after a Florida pedestrian accident. Insurance companies and attorneys usually review several types of evidence, including:
- Police reports
- Witness statements
- Traffic camera or surveillance footage
- Photos from the scene
- Vehicle damage
- Medical records
- Expert analysis of the accident
In summary, fault directly affects how much compensation you can recover after a pedestrian accident. In Florida, if you’re found partly at fault, your recovery is reduced by your percentage of fault, and if you are more than 50% responsible, you may not recover compensation. Insurers often try to pin the blame on pedestrians to pay out less or nothing at all, so working with a qualified attorney is vital.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Laws can vary and change, and each case is unique. Consult a qualified Florida personal injury attorney for advice specific to your situation.
Contact an Orlando Pedestrian Accident Lawyer
If you’ve been hit by a vehicle in Florida, contact our skilled Orlando pedestrian accident lawyers at Orlando Accident Attorneys for legal help. We can help you gather evidence, deal with insurers, and fight for the compensation you deserve.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html