Pedestrian Accidents
How do I prove fault in a pedestrian accident?
Liability is determined by analyzing the actions of both the pedestrian and the driver at the time of the accident. Factors such as adherence to traffic laws, use of crosswalks, and evidence from the accident scene, such as photos, surveillance footage, traffic cameras, police reports, medical records, and witness statements, are all taken into account.
Florida's modified comparative negligence law means that liability can be shared between both parties. If the pedestrian is found to be 50% or less at fault, their compensation will be reduced by their percentage of fault. For example, if a pedestrian is found to be 40% at fault for an accident and seeks $10,000 in damages, they will receive $6,000 (60% of $10,000) as compensation.
Why are pedestrian accidents common in Florida?
Pedestrian accidents are an unfortunate reality, particularly in Florida, where a high volume of foot traffic meets some of the nation's busiest roadways. These incidents often leave victims facing severe injuries, emotional trauma, and mounting financial burdens. From crossing a parking lot to walking the dog, the threat of being struck by a vehicle without any protection is real. Pedestrian accidents usually happen when a person walking and a vehicle, bicycle, or other road user come into conflict. An accident isn't typically caused by just one factor; driver behavior, pedestrian behavior, and roadway conditions can combine to create the risk.
Common causes of pedestrian accidents include:
Driver distraction — texting, looking at a GPS, eating, drinking a hot beverage, or otherwise not watching the road.
Failure to yield — especially at crosswalks, intersections, driveways, or when a vehicle is turning.
Speeding — higher speeds give drivers less time to react and make crashes more severe.
Poor visibility — nighttime, rain, glare, or pedestrians wearing dark clothing can make it harder to see someone.
Pedestrian distraction — looking at a phone, wearing headphones, or not paying attention to traffic.
Crossing outside designated areas — crossing between parked cars or where drivers aren't expecting pedestrians.
Impaired driving or walking — alcohol or drugs can affect judgment and reaction time.
Poor road design — missing sidewalks, inadequate lighting, confusing crossings, or intersections with limited sightlines.
What compensation is available to me if I'm walking and hit by a car, golf cart or bike?
Injured pedestrians can seek compensation for economic and non-economic damages, including:
Medical expenses
Lost wages and diminished earning capacity
Pain and suffering
Emotional distress
Loss of enjoyment of life
In Florida, you can recover both economic and non-economic damages. Economic damages include medical bills, lost wages, and costs related to long-term care or rehabilitation. Non-economic damages cover pain and suffering, emotional distress, and loss of enjoyment of life. If a pedestrian accident results in a fatality, family members can pursue compensation through a wrongful death claim.
Why should I hire an accident attorney?
Pursuing a claim after a pedestrian accident can be complex, particularly if liability is disputed or insurance companies resist fair settlements. Hiring an experienced attorney ensures that your rights are protected throughout the process. Call Kobren Law at 561-361-8677.