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Pedestrian Rights Following An Accident

If you are a pedestrian in Florida who has been hit by a car, then you have the same rights as a driver who has gotten into an auto collision. Take note that this isn’t always true in other states. In Florida, you have access to your personal injury protection coverage through your car insurance as well as the other driver’s insurance.

Pedestrians Who Cause Accidents

It isn’t always the driver involved who is the cause of the accident, however. Pedestrians have also caused collisions because they take a chance by running across the road and underestimating the speed the cars are traveling. They may also blatantly disobey crosswalk signals or cross in areas not designated.

Failing to pay attention to traffic while also being distracted by a cell phone or music and not obeying traffic signals are some of the ways pedestrians can cause accidents on Florida’s roadways.

Establishing Negligence

If you are a motorist who has been involved in a pedestrian accident and it was due to the negligence of the pedestrian, then you need to prove that they were at fault.

However, this can be tricky because pedestrians generally have the right of way when they are in a crosswalk. Still, they do have to yield the right of way to vehicles if it is necessary to avoid any kind of immediate hazard.

In the case of negligence of the driver, they can be held accountable for the pedestrian’s medical expenses, funeral expenses, lost wages, pain and suffering, permanent disability or disfigurement, and the loss of consortium.

Florida Right Of Way Laws For Pedestrians

According to Florida’s right of way laws for pedestrians, they must obey all traffic signals and traffic control devices unless a police officer is directing them. If there is a sidewalk readily available or there is construction, they should use the left side of the shoulder of the roadway facing traffic.

When crossing, they need to obey all traffic signals and cannot leave the curb until the signals instruct them to do so. Pedestrians also cannot yield the right of way to vehicles at this time and have to keep to the right half of crosswalks.

Causes Of Pedestrian Accidents

So what are some of the more common causes of pedestrian accidents in Florida?

When new drivers finish their course, they are often more focused on the other vehicles around them, rather than pedestrians. This can lead them to forget the laws while they are driving, and it can result in a pedestrian accident.

Some of the more common causes of these kinds of accidents include:

• Slowdowns because of traffic or bad weather
• Yielding to a pedestrian in a crosswalk but not stopping in time
• Not coming to a complete stop at stop signs
• Driving while impaired or under the influence
• Failing to maintain control over the vehicle

When these accidents occur, pedestrians can suffer a multitude of injuries, including loss of limbs, brain and spinal injuries, lacerations, paralysis, and fractures.

Proving Fault In Florida

Sometimes, the pedestrian and the driver are both to blame for the accident. What happens then? Florida follows the pure comparative negligence standard. It states that even if someone is 99% at fault for the accident, they can still collect damages for the 1% of the accident that has been proven not to be their fault.

So if you have been involved in a pedestrian accident in Florida, it may be in your best interest to discuss your case with an excellent personal injury attorney to see if you are eligible for any compensation.

Attorney David Goldman has a strong belief that everyone should be treated fairly and those with the means should do what they can to bring justice in all areas of our society. That belief has led him to help Florida's injured from being taken advantage of by corporations and insurance companies. Since 1989 David Goldman has been fighting for the rights of Floridians both as an attorney and by personally supporting our community.

Pedestrian Rights Following An Accident

Goldman Babboni Fernandez
Murphy & Walsh

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