Pedestrian accidents can lead to severe injuries and complicated legal questions, especially when it comes to determining who is at fault. One of the most common misconceptions in pedestrian accident cases is that pedestrians always have the right of way. While Florida law does provide protections for pedestrians in many situations, it also places certain responsibilities on them to ensure their own safety and the safety of others on the road.
Florida law provides several scenarios where pedestrians have the legal right of way. Drivers are expected to yield to pedestrians under the following conditions:
In these situations, pedestrians are afforded legal protections, and drivers who fail to yield may be held liable for any resulting accidents or injuries.
While Florida law provides significant protections for pedestrians, it also establishes responsibilities they must follow. There are situations where pedestrians do not have the right of way, and failing to adhere to these rules can affect liability in the event of an accident. For example:
In these cases, pedestrians who fail to follow the rules may share some responsibility for an accident, which can impact their ability to recover full compensation for their injuries.
Florida follows a legal principle called “comparative negligence,” which means that fault can be divided between all parties involved in an accident. In pedestrian accident cases, this means that both the pedestrian and the driver can be assigned a percentage of fault for the accident, depending on the circumstances.
For example, if a pedestrian crosses outside of a crosswalk and is struck by a driver who was speeding, both parties may share liability. The pedestrian might be found 40% at fault for jaywalking, while the driver might be 60% at fault for exceeding the speed limit. In this scenario, the pedestrian could still recover compensation, but their total damages would be reduced by their percentage of fault (40% in this case).
Because of comparative negligence, it’s crucial to gather evidence and work with an experienced attorney to build a strong case that demonstrates the other party’s fault. An attorney can investigate the accident, collect witness statements, and use traffic laws to show how the driver’s negligence contributed to the collision.
If you’ve been injured in a pedestrian accident, taking the right steps can protect your rights and improve your chances of recovering compensation. Here’s what to do:
At Kemp Injury Law, we understand the challenges that pedestrian accident victims face. Our team is committed to holding negligent drivers accountable and helping injured pedestrians recover the compensation they need to rebuild their lives. From investigating the accident to negotiating with insurance companies, we provide comprehensive legal support every step of the way.
If you’ve been injured in a pedestrian accident in Florida, don’t wait to seek legal help. Contact us today for a free consultation. Let us help you protect your rights and pursue the compensation you deserve.