Pedestrians typically suffer the most in a pedestrian accident with a motor vehicle; they are vulnerable to serious injuries and damages because they have little to no protection during the accident. In addition, pedestrians typically have the right of way when crossing the road or occupying the sidewalk; however, this does not mean that a driver is always held responsible when a pedestrian accident occurs.
Certainly drivers need to be careful when navigating roads and streets that pedestrians frequent, but there are certain circumstances in which a pedestrian may, in fact, owe a driver damages in a pedestrian accident case.
The Right of Way
While pedestrians typically have the right of way, it isn’t a hard and fast rule. Under Florida law, pedestrians always have the right of way while using a crosswalk to cross the street. This is true even if there are no signs or signals. However, a pedestrian must watch and yield to oncoming traffic if he or she is crossing outside of a crosswalk. Jaywalking or otherwise on behalf of pedestrians can be grounds for negligence.
Determining Negligence
Obeying all traffic laws is essential, and slipping up can easily cause a serious accident. Fault is determined in pedestrian accidents based on which party was showing negligence on the road at the time the accident occurred.
The laws of negligence state that both the pedestrian and the driver are expected to use common sense and a level of care when following certain traffic rules (yielding when turning right on red or only crossing within a crosswalk). Jaywalking or running a stop sign can constitute as negligence and lead to the liability should they be the cause of an accident. Whichever party is showing negligence is responsible for damages, even if that person is a pedestrian.
When Both are Responsible
In some situations, it is possible for both a pedestrian and a motorist to be held responsible for an accident if they are both acting negligently when an accident occurs. Because Florida is a comparative fault state, each party’s responsibility correlates with the amount of damages owed to the other party. A party that is deemed to have been more responsible in an accident will be required to pay more damages.
If you or someone you love has been involved in a pedestrian accident, the team at Lorenzo & Lorenzo wants to help. We have years of experience dealing with pedestrian accidents, and we’re prepared to guide you through the legal processes and toward the compensation you deserve. Read our client testimonials to see how we’ve helped others.
