Image of a walking and bike lane.

Determining Fault in a Pedestrian Accident

Pedestrian accidents are often the most deadly considering the lack of protection while walking. However, even though they sustain worse injuries, it doesn’t always mean the driver was at fault, as sometimes it can be the pedestrians.

This blog will highlight how a driver or pedestrian can be held liable for an accident.

Common Causes of Pedestrian Accidents

Although you want to believe every driver takes the precautions they should while driving, sometimes that’s not the case. Getting a better understanding of how pedestrian accidents happen can help prevent them. Some common causes of pedestrian accidents are:

  • Distracted driving
  • Speeding
  • Bad Weather
  • Impaired driving

Who Is Liable?

To prove liability, you must show that the other party was negligent. The person who caused the accident has a duty of care to avoid harming anyone on the road. If they breached that duty, which caused the accident where you sustained your injuries, they could be held liable.

Liability can be easy to determine if you were hit on a clearly marked crosswalk with the right of way. However, if you were jaywalking, you would most likely be at fault for your accident and injuries.

Pure Comparative Negligence Laws

If you were injured as a pedestrian out of the negligence of another, you might have the right to seek compensation for medical bills, lost wages, pain & suffering, and more. Although it may be apparent you were not at fault, insurance companies will work hard to give you the minimum amount of compensation possible. Florida follows pure comparative negligence laws meaning the plaintiff’s recovery will be reduced if they show any sign of fault.

If you:

  • Jaywalked
  • Made an unnecessary turn or stopped in the crosswalk
  • Left the curb unnecessarily

An insurance company will use this to prove that you were at fault for the accident rather than the driver. It’s recommended to speak with a pedestrian accident attorney as soon as possible. The attorneys here at (800) 848-6168 have the technology and experience to determine that the other party was at fault so you can receive the maximum amount of compensation you deserve.

When you are ready, contact our attorneys at (800) 848-6168 or visit our Contact Us page to get started on your free consultation.


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