Often, car accidents are caused by other drivers, but pedestrians are also the cause of many accidents.
If you suspect a pedestrian is at fault for your car accident, connect with your Florida car accident lawyer from Lytal, Reiter, Smith, Ivey, & Frontrath for a free case consultation. Call (561) 655-1990 today.
Pedestrians May Have the Right, But They Can Also Have the Fault
If another driver or individual has engaged in irresponsible behavior or violated some law or statute, they will be liable for the damages in an accident their behavior caused.
While you might think that pedestrians can’t be at fault for a car accident, this couldn’t be farther from the truth. The following actions provide some examples of irresponsible pedestrian behavior that could entitle you to damages.
- Crossing a street in an area other than a crosswalk – When someone violates the rules of the road or the local law and causes an accident, they are liable for the damages caused. If a pedestrian crosses the street in an area without a crosswalk, they could be jaywalking, which is a statutory violation that could make them liable for the accident.
- Not obeying a traffic signal – Traffic signals are in place to help provide safety and order to traffic. When a pedestrian runs into the road against a light, they put themselves and the drivers at risk of accident and injury.
- Walking on a road where pedestrians are not allowed – When pedestrians are breaking access rules and walking on roads where they are not allowed, they might cause an accident that entitles you to compensation.
- Darting in front of a car without giving a driver enough time to stop – Irresponsible behavior can lead to liability in an accident. Running in front of a car without giving it enough time to stop is dangerous and irresponsible and can lead to liability.
Shared Fault
In an accident, the party that is entitled to compensation is the party that was not at fault for the accident, meaning they were not the cause. Fault in an accident is governed by a legal concept known as “negligence”, which you might have heard of before.
If a party is negligent and they cause an accident that leads to injury, they will be liable for the value of the injuries their negligent actions caused.
Negligence consists of four parts, each of which must be present in your accident for you to collect. The four parts of negligence that must be proved for you to collect damages are:
- Duty – The party that caused the accident must have had some duty, like not crossing the road against the light or crossing the road outside of a crosswalk.
- Breach – The action of the party must be in breach of the duty. For example, if a pedestrian runs into the road against a light outside of a crosswalk without giving you enough time to stop.
- Causation – The breach of duty must have been the cause of the accident, meaning the pedestrian darting in front of your car had to be the reason that you got into an accident.
- Damages – The breach of duty that caused the accident must have caused damages for you to recover. If there were no damages, or you cannot prove them, you won’t be able to recover damages for your pedestrian accident.
In some accidents, there can be more than one party at fault, as they both contributed to the accident. When this happens, it is best to work with a pedestrian at-fault car accident lawyer to protect your rights.
What to Do if You Were in a Pedestrian-Car Accident
If you have been in a pedestrian at fault car accident, the first thing to do is get emergency medical care and call the police to make a report. From there, contact a Florida car accident lawyer.
You can only collect damages that you can prove with evidence, and the moment you have an attorney on your side, they will begin collecting evidence that will support your case.
You could be entitled to damages to cover all short and long-term damages associated with your injuries.
In the short term, this includes emergency medical bills and lost wages. In the long-term, this includes any ongoing medical treatment, medication, or rehabilitation you might need, in addition to any change in your earnings ability that your injuries have caused.
Your attorney steps into your shoes and handles all communications and negotiations with the insurance companies and opposing parties on your behalf. With an attorney, you can rest assured that you will collect the full damages you are entitled to so that you can focus on recovering from your injuries.
In an accident? You have options.
If you’ve been in an accident, you have options. A free consultation with a Florida car accident lawyer is the first step. Our intake consultations are free, and we are only paid if we win on your case.
One of the experienced pedestrian at fault car accident lawyers from Lytal, Reiter, Smith, Ivey, & Frontrath is standing by to provide you with a free case consultation on your case. Visit our site or call (561) 655-1990 today.
