What happens if a pedestrian is at-fault in a car accident?

Car accidents involving pedestrians can result in life-altering injuries. While most people assume negligent drivers are the cause of these accidents, many accidents result from the actions of careless pedestrians. The state of Florida allows pedestrians and drivers to recover damages even if they were partially responsible for the accident. If you were injured in an accident involving a negligent pedestrian — whether you were a driver or pedestrian — you may be entitled to compensation.

Call Coffey Trial Law to discuss your options for compensation when a pedestrian was at-fault in a car accident: 954-541-3194.

How can pedestrians cause accidents?

The law requires all motorists to exercise caution and act responsibly behind the wheel. When it comes to pedestrians, motorists are supposed to avoid hitting pedestrians at all costs, even if the motorist has the right-of-way.

However, motorists are not the only ones with rules to follow. Pedestrians must adhere to their own set of rules. Despite this requirement, many pedestrians fail to exercise caution while walking, resulting in accidents. Some of the most common forms of pedestrian negligence include:

  • Failure to use marked crosswalks
  • Suddenly darting into traffic without giving vehicles a reasonable amount of time to stop
  • Distracted walking (e.g., talking on the phone, listening to music, reading, texting, talking to a fellow pedestrian, etc.)
  • Failure to obey traffic signals
  • Failure to watch for oncoming traffic

Can I recover damages if I was a negligent pedestrian?

When a pedestrian suffers injury in a roadway accident and files a claim for damages, insurance adjusters will have to determine who is at fault for the accident. In many cases, both the driver and the pedestrian are both responsible for what happened.

In the state of Florida, a pedestrian accident victim may be able to recover damages even if s/he was partially at fault for the collision. Under Florida’s pure comparative fault system, victims can recover damages even if they were almost totally responsible for the accident.

The court will calculate the total damages owed to the plaintiff for his/her injuries and deduct an amount to account for the victim’s fault. For example, if a victim is 70 percent responsible for an accident worth $100,000 in damages, the victim will receive $30,000.

Can I recover damages if a negligent pedestrian caused my accident?

Most likely yes. However, be warned that insurers can use anything you were doing at the time to deflect liability. For example, if you were speeding, distracted by the radio or another passenger, or if you were driving aggressively, the insurer might claim that you were mostly at-fault and reduce your settlement accordingly.

If you were involved in an accident with a negligent pedestrian, regardless of whether you were walking or driving, you might be entitled to compensation. The car accident attorneys at Coffey Trial Law will investigate your case to determine who was at fault and craft defenses against any accusations of wrongdoing.

Call us today to schedule a free consultation: 954-541-3194.