Whose Fault is it in a Pedestrian, Car Accident in Florida?
On Behalf of Rosenthal, Levy, Simon & Sosa | July 16, 2022 | Pedestrian Accidents
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?
- Did the pedestrian have the right-of-way?
- Did the pedestrian violate any law?
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:
- Passing on a crosswalk, even if they do not walk sign is displayed
- Walking on a highway, road, or street when drunk or drugged
- Not stopping to look before crossing
- Walking in places that are prohibited around causeways or bridges
- Sporting dark attire at nighttime
- Running after a ball or item that landed on the street
- Looking at their cellphone while walking
What was the Driver Doing When the Accident Occurred?
- Were they driving lawfully in the area where they were driving?
- Were they driving at an appropriate speed?
- Were they focusing on the road?
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:
- Exceed the speed limit in a neighborhood
- Don’t stop for a pedestrian
- Don’t look out for children in the street
- Don’t look out for pedestrians standing by an intersection
- Don’t notice a pedestrian passing along a crosswalk
- Don’t spot a special pedestrian crossing spot that is not at an intersection
- Don’t yield to a bicycle
- Drive under the influence
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.