How Comparative Negligence Affects Your Pedestrian Accident Claim

Florida pedestrian accidents are a serious public safety concern for all road users. These accidents can result in fatalities and severe injuries that require lifelong care. The National Highway Traffic Safety Administration (“NHTSA”) studied pedestrian accidents to address these safety concerns and minimize serious injuries. The study defines a pedestrian as any “person on foot, walking, running, jogging, hiking, sitting, or lying down .”Key findings of the study revealed that Florida was in the top three states with the highest number of pedestrian fatalities. These harrowing statistics highlight the importance of pedestrian and driver safety.

The study also found that pedestrian deaths account for about 17 percent of all traffic fatalities and 3 percent of all people who suffer injuries in traffic crashes. Further, alcohol involvement for the driver or pedestrian was reported in nearly 50 percent of fatal pedestrian crashes. Finally, hit-and-run accidents account for one of every five pedestrian fatalities.

Recently, authorities reported on a fatal Florida pedestrian accident. According to the crash report, a driver was traveling east when he hit a man crossing the road at an unmarked point. Generally, pedestrians have the right-of-way when moving along a marked or unmarked crosswalk in Florida. However, if a traffic signal alerts the pedestrian to wait to cross, they do not have the right-of-way until the sign indicates.

In Florida, motor vehicles must give the right-of-way to pedestrians when they are on a marked crosswalk. While the law requires pedestrians to use a crosswalk, there is an exception when there are no sidewalks. In those cases, a pedestrian may walk on the left side of the roadway.

Moreover, in a Florida negligence action, the claimant’s recovery diminishes proportionately to their contributory fault. Drivers must remain alert to all road users, not just to those pedestrians in a crosswalk. However, drivers often purport comparative negligence to avoid liability. Under certain circumstances, a pedestrian may still be able to recover, even if they did not have the right-of-way or crossed in an unmarked crosswalk. Although comparative negligence may reduce a pedestrian’s recovery, an attorney can work to maximize the compensation the law entitles by minimizing an accident victim’s role in the accident.

Florida Pedestrian Accident Liability and Recovery

If you or someone you love has suffered injuries or died in a Florida pedestrian accident, contact Friedman Rodman Frank & Estrada to discuss your rights and remedies. The attorneys at our office have extensive experience gathering evidence, researching relevant issues, and preparing a compelling case for compensation. In addition to Florida pedestrian accidents, our firm handles cases involving medical malpractice, nursing home negligence, premises liability, construction site accidents, amusement park injuries, and wrongful death. We have secured significant compensation for our clients and their loved ones. Contact our office at 877-448-8585 to schedule a free initial consultation with an attorney on our team. Calling is free and we will not bill you for our services unless we can recover compensation on your behalf.



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