Who’s at Fault in a Pedestrian Accident?Trusted Content
Legally reviewed by:Erik Abrahamson, J.D. September 11, 2019
It is important for drivers to operate their vehicles carefully and safely, especially when there are pedestrians present. In most accidents involving pedestrians, the driver of the vehicle is at fault for the accident and may be held liable for any injuries sustained by the pedestrian. However, there are some cases when a pedestrian may be partially responsible for their own injuries.
When is a Pedestrian Responsible for an Accident?
A reasonably cautious driver would take steps to avoid hitting a pedestrian in any situation. However, sometimes, pedestrians do things that make it difficult for a driver to avoid a collision such as:
- Walking down a busy highway at night in dark clothing
- Suddenly darting out into the street
- Walking along a highway or bridge where pedestrian traffic is prohibited
- Suddenly crossing against the traffic signal
If a driver is doing everything they can reasonably do to avoid an accident with a pedestrian and there is still an accident, then a pedestrian may not be able to recover compensation for their injuries.
When the Driver and the Pedestrian are Both at Fault
In a more common scenario, a driver and a pedestrian can both be at fault for an accident. For example, a pedestrian may be crossing against the signal, but the driver was driving over the speed limit and unable to stop in time. In this case, both parties may bear some responsibility for any injuries.
Florida is a modified comparative negligence state. This means that if you are found to be no more than 50% at fault for the accident, your recovery is reduced by the same proportion as your percentage of fault. As an example, if you are found to be 20% at fault in an accident, you may still recover 80% of your damages in a lawsuit. If, however, your percentage of fault is found to be more than 50%, you are barred from any recovery under the law.
Contact an Experienced Accident Attorney
Determining fault in a pedestrian-car accident can be difficult. If you’re a pedestrian who has been injured in an accident, you may want to consult with an experienced pedestrian accident attorney in Florida. At Abrahamson & Uiterwyk, we have been helping accident victims in Tampa Bay for over 30 years. Contact us online or call us at 800-538-4878 to set up your free consultation today.