A pedestrian could be at fault for an accident outside a crosswalk if they were negligent or reckless. Examples of negligent pedestrian behavior could include failure to yield, intoxication, or acts of horseplay. Drivers and walkers share the responsibility of safely navigating roads and obeying traffic laws, with each having an obligation to yield the right-of-way, depending on the circumstances.
To determine whether a pedestrian is at fault for an accident outside crosswalk, a detailed investigation must prove who had the right-of-way at the time of the collision. A Fort Lauderdale pedestrian accident lawyer can help you prove cause and pursue damages. Most personal injury law firms will review your claim at no cost or obligation.
How Can You Know When a Pedestrian Is at Fault for an Accident?
In a car-versus-pedestrian accident, you must establish the at-fault party’s negligence to pursue damages. You can establish jaywalking accident liability with evidence such as:
- Official police report
- Eyewitness statements
- Photos of the crosswalk
- Accident reconstruction
You do not have to collect the evidence you need on your own. A Fort Lauderdale auto accident attorney can help you build a compelling case file and negotiate for a fair and appropriate financial settlement.
In some cases, expert testimony from traffic engineers or accident reconstruction specialists can strengthen your claim. These professionals can demonstrate how and why the collision occurred and assess whether the pedestrian was indeed at fault.
Video surveillance from nearby businesses or dash cams can also be crucial in proving liability. These recordings may show the pedestrian crossing unsafely or unexpectedly, which is often a critical factor in pedestrian fault car accidents in Fort Lauderdale.
What Is the Difference Between Marked Crosswalks and Unmarked Crosswalks?
Pedestrian responsibilities include crossing the street in crosswalks when traffic signals indicate it is their time to do so. Many crosswalks are marked with white lines. However, per Florida Statutes § 316.130, unmarked crosswalks generally exist at any intersection where the sidewalk could logically extend into the roadway. These unmarked crosswalks can lead to confusion about who has the right-of-way.
When a pedestrian accident occurs outside a marked crosswalk, an investigation can include reconstructing the accident to identify where each party was when the collision occurred and who had the right-of-way.
The ambiguity of unmarked crosswalks often complicates liability cases involving jaywalking accidents. While pedestrians might assume they have the right of way, the law places the burden of proof on their actions and judgment in navigating the road.
A Fort Lauderdale pedestrian accident lawyer can help clarify legal gray areas and use evidence to determine whether pedestrian fault can be established, taking into account the unique circumstances of the incident.
Who Has the Right-of-Way When a Pedestrian Is Outside of Crosswalk?
In general, a pedestrian who is jaywalking, crossing the street outside an intersection, or disobeying a traffic signal must yield the right-of-way to vehicle drivers. If they fail to do so, they may be held liable for any resulting accident.
If you struck a pedestrian who was outside the crosswalk, consider hiring a car accident lawyer as soon as possible. Their investigation may help you prove fault and establish financial liability for the collision. They can also help identify the jaywalker’s actions and the legal elements of negligence (duty of care, breach of duty, causation, and damages).
Drivers may still bear some responsibility if they were speeding, distracted, or under the influence of drugs or alcohol. Florida’s comparative fault system may assign liability to both parties, which can impact potential compensation.
If the pedestrian was using a mobile phone or had earbuds in, this may also factor into determining fault. These distractions can impair judgment and situational awareness, increasing the risk of a pedestrian accident outside the crosswalk.
What Compensation Is Available for a Pedestrian Accident Outside Crosswalk?
Florida Statutes § 768.81 allows personal injury victims to recover economic and non-economic damages for a negligence-based accident. These typically include:
- Known and anticipated medical expenses
- Lost wages and lost earning potential
- Property damage, loss, or diminished value
- Physical, mental, and emotional pain and suffering
- Lasting disfigurement and disabling injuries
If warranted, the family of a fatal pedestrian accident victim may also recover a range of wrongful death damages. A pedestrian accident attorney can help you deal with the insurance company, including negotiating the best possible outcome.
A Fort Lauderdale auto accident attorney may also pursue punitive damages if the driver acted with extreme recklessness, such as in DUI-related pedestrian collisions.
In some cases, non-economic damages for long-term trauma or PTSD are also available, especially in severe pedestrian fault car accidents in Fort Lauderdale.
How Much Time Do You Have to Sue for a Pedestrian Fault Car Accident in Fort Lauderdale?
You usually have two years to file a personal injury lawsuit after a pedestrian accident in Fort Lauderdale, according to Florida Statutes § 95.11. The statutory clock generally starts running on the accident date. In a wrongful death case, it starts running on the date of death.
Other factors could also affect the filing deadline. If you do not file your lawsuit within the allotted time, the court could prohibit you from filing it. A car accident attorney can help you understand and comply with the appropriate statute of limitations.
Involving a Fort Lauderdale pedestrian accident lawyer early allows them to preserve time-sensitive evidence and contact key witnesses while details are still fresh.
Delayed injuries, such as those discovered days or weeks later, can complicate filing timelines. Legal advice can ensure these injuries are included in your compensation claim.
How Much Does it Cost to Hire a Fort Lauderdale Pedestrian Accident Attorney?
No one should forego legal service and support after a car-pedestrian accident. It usually costs nothing out of your pocket to hire a Fort Lauderdale personal injury attorney after an accident. Instead, they will accept your case on a contingency fee basis.
You will compensate the law firm when you receive compensation and owe no legal or attorney fees if you do not.
This model enables all victims, regardless of their financial status, to access legal representation and pursue justice following a pedestrian accident outside a crosswalk.
You also gain peace of mind knowing that your legal team is motivated to maximize your compensation, as their payment depends on the case outcome.
Call (954) 633-8270 for a Free Pedestrian Accident Claim Review
If you or a loved one suffered injuries in a motor vehicle-versus-pedestrian collision, we can help you seek compensation. Our pedestrian accident attorneys will investigate whether the pedestrian is at fault for an accident outside a crosswalk and who bears financial liability for the wreck.
You do not have to take on the at-fault party or their insurance company alone. Explore your financial recovery options today by Contacting our consultation team at the Law Offices of Wolf & Pravato.
