Whose Fault is it in a Pedestrian, Car Accident in Florida?

On Behalf of Rosenthal, Levy, Simon & Sosa | July 16, 2022 |

In a vehicle-pedestrian collision, the pedestrian sustains significantly more injuries than the driver. This, however, does not necessarily indicate that the driver is automatically responsible for the accident. In certain circumstances, pedestrians may be partly or completely at fault for the accident. 

Determining Fault in a Vehicle-Pedestrian Accident

To determine who is liable when a car collides with a pedestrian, a close look at the activities of both the car driver and the pedestrian is needed.

What Was the Pedestrian Doing When the Accident Occurred?

As long as the pedestrian did not violate any law and had the right-of-way, there is a minimal chance that they will be held liable for colliding with the vehicle. On the assumption that they did, the pedestrian would generally be partially or otherwise fully accountable for the accident. Furthermore, pedestrians who engage in the following illegal actions may put them at fault for an accident:

What was the Driver Doing When the Accident Occurred?

Supposing that the driver was driving properly, they would have a small chance of being accused of the accident. But if the pedestrian’s actions did not violate anything, the driver would then be completely at fault for the accident. Keep in mind that drivers are obligated to drive at a safe and appropriate speed—meaning that they should be aware of when to stop or slow down for pedestrians. Usually, drivers fail to do so when they:

In some instances, the driver may be at fault along with the pedestrian or another person concerned.

Talk to a Port St. Lucie Personal Injury Lawyer Now

Whether you’re a pedestrian or a driver, if you have suffered injuries in a traffic crash and fault is not clear or being contested, please reach out to Rosenthal, Levy, Simon & Sosa for legal counsel. Our Port St. Lucie personal injury lawyer will investigate the accident, figure out who caused it, establish liability for your losses, and secure the compensation you deserve.

To schedule your free case evaluation with our Port St. Lucie personal injury lawyer, please call our office at 772-249-3776 or complete our online contact form.