Drivers have a duty to operate their vehicles safely, so if they hit a pedestrian, they are typically at fault, and you may sue them for damages. However, pedestrians also have an obligation to use sidewalks and crosswalks properly. Depending on the circumstances of the case, a pedestrian may share fault in the accident.
If you have questions regarding liability and shared fault in a pedestrian vs car accident, our experiencedFort Lauderdale car accident lawyer is here to examine your case and provide expert advice on your potential to sue.
Who’s at Fault in a Car Vs Pedestrian Accident?
It would seem straightforward that the driver would be at fault in a car versus pedestrian hit, but there are circumstances when the pedestrian may have contributed to the accident:
Drivers’ Legal Obligation to Pedestrian Safety
UnderFlorida Statutes § 316.130, drivers are legally required to exercise caution to avoid hitting pedestrians. This caution includes giving a warning and yielding to pedestrians in crosswalks.
A driver would be at fault if they:
- Failed to obey a traffic signal or sign
- Failed to yield the right of way
- We were distracted, such astexting while driving
- Were under theinfluence of drugs or alcohol
Pedestrians’ Legal Obligations
The same statute also explains pedestrians’ legal responsibilities. They must obey traffic control devices, use sidewalks when available, and walk on the left side of the road in their direction of travel when sidewalks are not provided.
A pedestrian could share in the fault if they:
- Disregarded traffic signs and signals
- Jaywalked
- Unexpectedly entered traffic
Comparative Fault Under Florida Law
Since the pedestrian’s action could have contributed to the accident,Florida Statutes § 768.81 would apply. Under Florida law, fault in car vs pedestrian accidents is shared among all involved. Each party is assessed a degree of fault, given in a percentage, which will reduce the value of the settlement.
If you are 20% at fault in a $100,000 case, you would receive $80,000 in a settlement. However, if you are greater than 50% at fault, you are barred from receiving any settlement.
Common Injuries in Pedestrian Accidents
Because pedestrians have no physical protection during a crash, their injuries are often severe. Some of the most common include:
- Traumatic brain injuries (TBI)
- Spinal cord damage and paralysis
- Broken bones and fractures
- Soft tissue injuries like torn ligaments and bruising
- Internal bleeding or organ damage
- Road rash or lacerations
These injuries can lead to long-term medical treatment, lost income, and significant emotional trauma. It’s important to document every injury with photos and medical records to support your compensation claim.
What Should You Do After a Pedestrian Accident in Florida?
If you’ve been hit by a car while walking, your first priority should always be your health. Seek immediate medical attention even if you feel fine. Remember, internal injuries or concussions may not be obvious at first, so it’s crucial to get checked by a professional.
Once safe, try to gather evidence at the scene:
- Take photos of the car, the location, the injuries, and the traffic signals.
- Get the driver’s name, insurance info, and license plate number.
- Talk to witnesses and ask for their contact details.
- It’s important to file a police report, even if the injuries seem minor. This report will document the incident and can be crucial in supporting your claim.
Be cautious when speaking with insurance adjusters. They may try to get you to admit fault or accept a low settlement. A Fort Lauderdale pedestrian accident attorney can handle communication on your behalf and help preserve the value of your claim.
You Can Sue Under Certain Conditions
Under certain canprove negligence, you can sue. However, Florida is a no-fault state, so you would file a claim under yourpersonal injury protection (PIP) policy first. This policy would cover 80% of your medical care and 60% of your disability benefits, but it does not allow you to sue the driver. To sue the driver, your case must meet the exception listed in Florida Statutes § 627.737, which provides specific conditions under which you can sue.
To sue the driver, your case must meet the exception listed inFlorida Statutes § 627.737:
- Loss of bodily function
- Permanent injury
- Permanent scarring
- Death of a loved one
If your case meets any of those criteria, you may sue the driver.
Call the Law Offices of Wolf & Pravato for a Free Case Consultation
Reach out to our legal team at(844) 643-7200. AFort Lauderdale personal injury lawyer can investigate your accident, protect you from insurers trying to unduly blame you, and seek maximum compensation for your injuries and losses. We are here to ensure you receive the full compensation you deserve.
Call now to learn more.
Frequently Asked Questions
Can I still recover damages if I wasn’t in a crosswalk?
Yes, but your compensation may be reduced due to shared fault. Florida’s modified comparative negligence rule means you can still receive compensation unless you’re found more than 50% at fault.
Does PIP cover me as a pedestrian if I don’t own a car?
If you don’t have your own PIP policy, you may still be covered under a household member’s policy or the at-fault driver’s PIP. Your lawyer can help determine available coverage.
What if the driver fled the scene?
Hit-and-run pedestrian accidents are, unfortunately, common. If the driver cannot be identified, you may still have options through your uninsured motorist (UM) coverage or other state victim assistance programs.