Pedestrian Accidents

Common Causes of Pedestrian Accidents

A pedestrian accident refers to any incident involving a collision between a motor vehicle and a person on foot. These accidents often result in injuries or fatalities for the pedestrian due to the significant size and force of the vehicle involved.

Common causes of pedestrian accidents involving motor vehicles include:

• Distracted driving: Drivers who are distracted by activities such as texting, talking on the phone, eating, or adjusting the radio are more likely to fail to notice pedestrians and may cause accidents.
• Speeding: Excessive speed reduces a driver’s ability to react to unexpected situations, making it harder to stop in time to avoid hitting pedestrians who may be crossing the road.
• Failure to yield: Drivers who fail to yield to pedestrians at crosswalks, intersections, or while making turns put pedestrians at risk of being struck by a vehicle.
• Impaired driving: Driving under the influence of alcohol or drugs significantly impairs a driver’s judgment, coordination, and reaction time, increasing the likelihood of accidents involving pedestrians.
• Poor visibility: Low visibility conditions such as darkness, heavy rain, fog, or glare from the sun can make it difficult for drivers to see pedestrians, especially if they are not wearing bright or reflective clothing.
• Failure to obey traffic signals: Ignoring traffic signals, stop signs, or pedestrian crossing signs can lead to collisions between vehicles and pedestrians who have the right of way.
• Reckless driving: Aggressive or reckless driving behaviors such as tailgating, weaving in and out of traffic, or ignoring traffic laws pose a significant risk to pedestrians and other road users.
• Inadequate infrastructure: Poorly designed or maintained roads, sidewalks, and crosswalks can contribute to pedestrian accidents by creating hazardous conditions for both pedestrians and drivers.
• Driver inexperience: Inexperienced drivers may lack the skills and awareness needed to safely navigate roads with pedestrians, increasing the risk of accidents.
• Blind spots: Large vehicles such as trucks and buses have significant blind spots that can make it difficult for drivers to see pedestrians, especially when making turns or changing lanes.

Who is Liable for a Pedestrian Accident in Florida?

If the driver of the motor vehicle was negligent (e.g., speeding, running a red light, distracted driving) and this negligence directly caused the pedestrian accident, the driver may be held liable for the pedestrian’s injuries and damages.

If the pedestrian was also negligent and contributed to the accident (e.g., jaywalking, crossing against the traffic signal, suddenly darting into traffic), their compensation may be reduced based on their percentage of fault. However, even if the pedestrian was partially at fault, they may still be entitled to compensation, unless they were found to be 100% at fault for the accident.

Florida applies a pure comparative negligence system, meaning that each party involved in the accident can recover damages proportionate to their degree of fault. For example, if the pedestrian is found to be 20% at fault for the accident, their compensation will be reduced by 20%.

There are certain exceptions to liability, such as cases involving intentional harm or gross negligence on the part of the driver, or if the pedestrian was in a marked crosswalk and had the right of way.

Ready to Help You Today

In the aftermath of a bicycle accident, navigating the legal complexities while focusing on recovery can be overwhelming. At Rosenberg & Rosenberg, P.A., we understand the challenges you may face and are committed to providing compassionate support and vigorous advocacy every step of the way. Our experienced team of attorneys has a proven track record of helping bicycle accident victims obtain the compensation they deserve for their injuries, medical expenses, lost wages, and pain and suffering.

We handle all aspects of the legal process, from investigating the accident and negotiating with insurance companies to representing you in court if necessary. With our dedicated representation, you can trust that your rights will be protected and your best interests will be our top priority. Let us handle the legal complexities so you can focus on healing and moving forward with your life.