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
What Are My Rights as a Pedestrian in Florida?
Understate law, pedestrians must obey all relevant traffic laws, including traffic lights. So long as they do so, they have a right to:
- Use marked and unmarked crosswalks
- Walk along the side of the road when sidewalks are not available
- Use all roadways without undue fear of being hit by a negligent driver
If these rights are violated, you may then consider legal action. In Florida, pedestrian accident rights include the right to:
- Hire a personal injury attorney
- File a claim or lawsuit against the at-fault party
- Pursue fair compensation for all physical, me
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?
Any and all steps you take after a pedestrian crash shouldprioritize your health and wellbeing. The most important things you can do include:
- Getting help immediately by calling 911 and, unless you require emergency care, waiting at the scene for the police to arrive
- Seeing a doctor right away—depending on your injuries, you might want to go to the emergency room or see your own doctor
- Following your doctor’s instructions, which may include keeping follow-up appointments and undergoing all recommended treatments
It is also a good idea to start collecting whatever evidence you can, butonly if doing so does not jeopardize your health. If you are well enough to take the following actions, you could have a much stronger legal claim:
- Take photosof everything and everyone at the scene, including your injuries
- Speak to the at-fault party and get their name and insurance information
- Keep all documents related to the crash, including medical bills and any notices you receive from the insurance company
- Let us talk to the insurance company, as they often try to take advantage of accident victims
Our legal team can review the actions you have already taken and determine what you should do next to recover the damages you are entitled to.
You Can Sue Under Certain Conditions
Under certain canprove negligence 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.
Contact today 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.