Injury to a pedestrian has a much higher chance of becoming life-threatening than injury to someone in a car who is protected by safety equipment. Because of this, Florida law mandates that vehicles use additional caution to prevent accidents with pedestrians and bicycles. These regulations also make drivers responsible for any injuries they may cause in a collision.
However, there are some situations where pedestrians could share fault for an accident, making it more difficult for them to receive compensation for their injuries.
Liability in a Florida Pedestrian Accident: Factors to Consider
Because there are so many various variables that might impact a driver's and a pedestrian's duty of care, determining who is responsible for a pedestrian accident can be difficult. Regardless of their mode of transportation, all road users have a responsibility to be vigilant, behave properly, and follow all traffic regulations. Liability for a pedestrian accident may depend on several elements, such as:
- Impairments or Disabilities: It's possible that people with impairments won't be able to cross the street as fast or spot every potential threat in their path. When approaching junctions, drivers should exercise caution and quickly yield to pedestrians who are using wheelchairs, walkers, guide dogs, or other devices that may indicate an impairment.
- Traveling Close to Other Automobiles: Bicyclists must ride in the same direction as motor vehicles and adhere to the same traffic regulations as cars when they are on the road. An accident may be caused in part by a cyclist who ignores a turn signal or runs a red light.
- Obstacles and Bridges: Only when there is a designated walkway across the bridge may people cross it. As long as they ride in the direction of traffic, bicycles are permitted to cross bridges on highways. If a gate or barrier has been lowered or signal lights are flashing, walkers or cyclists shouldn't cross a bridge or train tracks. Pedestrians who circumnavigate or pass through a crossing gate or barrier may receive a traffic ticket and be held liable because of their negligence.
- Crosswalks: As long as the traffic light is red and the walk signal is lit, pedestrians always have the right of way in crosswalks. Before approaching the crosswalk, motorists must come to a complete stop, and they must stay there until the pedestrian has finished crossing the street. Drivers are required to stop before they approach a junction if there isn't a crossing there. Until the walk signal is activated, pedestrians and cyclists must surrender the right of way to moving cars while the traffic light is green.
- Jaywalking: Only crosswalks or designated junctions should be used by pedestrians when crossing from one side of the road to the other. They should always wait for oncoming traffic to pass before assuming that it will make way for them. Additionally, pedestrians should try their best to cross the street by taking the quickest path to the opposing curb.
- Sidewalks: If there are sidewalks along a section of the road, pedestrians may be held responsible for an accident if they were using the street instead. If there are no sidewalks, people should only cross the road on the shoulder in the direction that faces traffic.
Before fault in an accident case can be precisely established, several other factors must be taken into account. The circumstances leading up to the collision, the acts of the motorist and the pedestrian, and the eyewitness and police reports from the site all need to be carefully evaluated by the victims.
It's critical that you consult with a knowledgeable personal injury attorney if you or someone you care about was injured in a car-pedestrian collision. While you recover from your injuries, our tenacious legal team promptly gathers evidence, clarifies your legal choices, and takes over your case.
Call us at (904) 398-1992 or fill out a quick form to schedule a free initial consultation with our aggressive pedestrian accident attorneys! ¡Hablamos español!
Factors Why Pedestrian-Car Accidents Occur in Florida
Every time a person leaves the house, a pedestrian accident might happen. Without any form of protection, it is possible to get hit by a car when doing anything from crossing a parking lot to walking the dog. People of all ages can prevent a collision while walking by being aware of the reasons for these mishaps.
The leading cause of pedestrian collisions is distraction. The majority of incidents involving vehicles, including those involving pedestrians, appear to include distraction of some kind or another, according to data from the National Highway Traffic Safety Administration (NHTSA).
Distracted pedestrians put themselves in danger by focusing on cellphones or music instead of the way ahead, which is just as dangerous as texting or talking on cell phones while driving. Numerous causes, such as the following, contribute to the majority of pedestrian accidents:
- Poor Weather: All road users, including pedestrians, experience reduced visibility during periods of heavy rain or fog. Hoods or umbrellas may impair the view of pedestrians. Drivers may not have remembered to switch on their headlights or windshield wipers under these circumstances, which might limit their ability to see and be seen.
- School Zones and Children: Drivers have a stronger duty of care while passing through school zones since traffic accidents involving children can have severe consequences. Children could not understand the risks involved in swerving into the street between parked automobiles or abruptly crossing the road. In school zones, drivers should always be ready to stop quickly.
- Running or Walking Close to Traffic: Pedestrians are at risk from sidewalks that are too close to the road, but places without any sidewalks are frequently fatal. Drivers could not spot someone walking on the shoulder, particularly on twisting roads or in bad weather.
- Intersections: Crosswalks are one of the most frequent sites for pedestrian accidents even though they were designed to allow pedestrians to safely share the road with cars. When cars fail to stop behind the line, run red lights, or turn left across an intersection, pedestrians are frequently hit. Even more likely to be hit by an approaching car is a pedestrian who is racing to cross the street before the signals turn green.
- Parking Garages: Parking lots force automobiles and pedestrians to cluster close together with little space between them, creating the ideal conditions for accidents. Especially if they failed to adequately check for young children or individuals in wheelchairs, drivers frequently mistakenly reverse into pedestrians while exiting a parking space. Furthermore, driving too fast in parking garages and lots raises the possibility of running over a person.
- Driving at Night: Most fatal pedestrian incidents occur at nighttime. As drivers may not be aware of what (or whoever) they struck or may be scared to stop, accidents that occur in the dark are more likely to be hit-and-run situations, which can cause catastrophic injuries or death for victims.
Florida law permits victims to receive compensation if someone else's negligence was the primary cause of their suffering, even if you contributed to the accident in some way as a pedestrian.
We can assist you in determining who is responsible for your injuries, regardless of the circumstances of the pedestrian accident. To ensure that you receive the settlement you are entitled to for your medical expenses, lost earnings, permanent disability, and pain and suffering, our Florida automobile accident attorneys will investigate the details of your case and collect evidence on your side.
Call Our Jacksonville Pedestrian Accident Attorneys Today!
The attorneys at Nooney, Roberts, Hewett & Nowicki have decades of combined experience fighting for the compensation our clients deserve. Our expert legal team can help you along this complicated and intricate process.
Call us at (904) 398-1992 or fill out a quick form to schedule a free initial consultation with our aggressive pedestrian accident attorneys! ¡Hablamos español!
