You may have heard that “pedestrians always have the right of way.” While this concept makes sense in theory, it is not legally accurate. If you were struck by a car as a walker or bicyclist, you may be at least partially at fault for the accident, reducing or eliminating your compensation.
When is a pedestrian at fault for a car accident in Florida? These are a few instances to be aware of. It’s always a good idea to speak with a pedestrian accident lawyer about your rights.
Times When a Pedestrian Is At Fault in an Accident
Pedestrians are at fault for accidents when they violate traffic laws, putting themselves in the way of traffic. Examples include:
- Jaywalking: This is the legal term for crossing a street outside of a marked crosswalk or dedicated intersection.
- Walking on the road: When sidewalks are present, pedestrians should use these walkways rather than traversing along the side of the road. Failing to use a sidewalk could leave the walker liable for accidents.
- Bridges: Walkers should only cross a bridge if there is a designated sidewalk for them to do so. They should never enter a bridge if the gate is lowered or the no-entry lights are flashing.
- Bicyclist negligence: Bicyclists are often considered pedestrians, but they must adhere to distinct laws compared to walkers. Riding too close to another vehicle, failing to signal turns, and violating other traffic laws could lead to liability for accidents.
Instances Where the Driver Is At Fault for Striking a Pedestrian
When is a pedestrian at fault for a car accident in Florida, and when is the driver responsible? Drivers are often liable for these accidents, especially in the following cases:
- Right-of-way violations: There are some instances where a walker always has the right of way, such as in a crosswalk. The driver would be responsible for striking a pedestrian in a crosswalk, but the walker may share some liability if they did not give the motorist enough time to come to a stop when they began walking.
- Failure to stop: Even if a person is jaywalking, a driver should avoid striking them if at all possible. Purposefully hitting a pedestrian is a crime.
- Turning into a crosswalk: Motorists making right turns often fail to account for pedestrians crossing the adjacent crosswalk. Turning in front of walkers who are legally crossing is a violation of crosswalk laws and breaches the pedestrian duty of care.
Seeking Compensation After a Pedestrian Accident
Florida follows a no-fault insurance system, which means, in many cases, the answer to “When is a pedestrian at fault for a car accident?” does not necessarily matter. In an accident, each party files a claim through their own personal injury protection (PIP) insurance policy to cover injury expenses.
However, if the driver was liable and your injuries meet the serious injury threshold, you may be able to put additional injury expenses on their insurance. This threshold accounts for the following conditions:
- Permanent and significant loss of an important bodily function
- Permanent injury according to a reasonable degree of medical probability
- Permanent and significant disfigurement or scarring
- Death
Florida is also a pure comparative negligence state. This means multiple parties can share liability for accidents. If you meet the serious injury threshold and pursue additional compensation from the driver, your payout may be reduced by your percent of liability.
We Can Help You Understand When a Pedestrian Is At Fault in a Car Accident
The question “When is a pedestrian at fault for a car accident in Florida?” can be challenging to answer on your own without a thorough understanding of crosswalk laws, pedestrian duty of care, and other matters. Our attorneys at Steinberg Law, P.A., can evaluate your accident circumstances and help you determine your opportunity for compensation.
Contact us today at 877-783-4611 or fill out our online form to schedule a free consultation.
