While many assume motorists are always responsible for pedestrian accidents, that isn’t always the case. Pedestrians can also contribute to or cause a crash. So, could a pedestrian actually be considered to be at least partially at fault?
Pedestrians may be partially at fault if they do not use a crosswalk when crossing the street or cross the street while exhibiting negligent behavior. At DWK Law an Orlando car accident lawyer can provide clarity on who was at fault in an accident and determine your claim options.
What actions make a pedestrian liable for an accident?
Even though motorists often have to yield the right of way to pedestrians, pedestrians also have a responsibility to remain alert and follow traffic laws. This means that if a pedestrian fails to use a crosswalk at a traffic signal or steps out into the road in front of traffic suddenly for any reason, they can be partially at fault for causing an accident. Moments of distraction while walking (checking a phone or being lost in thought) can put someone at risk without realizing it. These situations happen quickly and are rarely intentional
These accidents can be further exacerbated by motorists who contribute to some of the other common causes of pedestrian accidents, such as distracted driving, failure to yield, failing to stop at a red light, speeding, and more. Even if they are not fully at fault, motorists are responsible for driving safely and remaining alert and cautious. If they do not exhibit these behaviors, then they may not be able to respond in time to avoid a pedestrian-caused accident.
Between both parties, the National Safety Council (NSC) reports that 7,314 pedestrians died in pedestrian accidents. Many of these accidents happened in urban areas, on non-intersection roads, or at night in lit areas.
How is fault in pedestrian accidents handled in Florida?
Determining fault for the accident is important when resolving a case. If a motorist is responsible for hitting a pedestrian who is also partially at fault for causing the accident, then both parties’ contributions will be evaluated and assigned a percentage value to show their role in the accident. Both parties owe a duty of care to each other, and when they fail to do so, they can share fault and can both lose valuable compensation.
Each party involved in pedestrian car accident cases will recover losses in accordance with Florida’s comparative negligence laws. If a party is less than 50% at fault for an accident, then they can recover compensation reduced by the amount they contributed to the accident. For example, if one party is 15% at fault for the accident, they will only recover 85% of their losses. However, if the Plaintiff (the party bringing the claim) is more than 50% responsible for the accident, then they will not be allowed to recover any compensation for the losses they sustained.
What damages can a pedestrian recover for their losses?
When an individual is injured in a pedestrian accident, they can file a claim with the at-fault party’s insurance company or their own insurance company if they have appropriate underinsured motorist coverage. Eligible parties may be able to recover the following losses in a pedestrian accident case:
- Medical bills
- Lost wages
- Property damage
- Funeral and burial expenses if a fatality occurs
- Pain and suffering
- Emotional distress, including PTSD, anxiety, and depression
- Loss of companionship
Talk to a lawyer at DWK Law today
Pedestrians and motorists can both contribute to pedestrian accidents and face the unfortunate consequences of serious injuries and reduced compensation. If you are unsure about your options or how to proceed with your claim, call DWK Law today at (407) 244-3000 or visit us online to schedule a free consultation.