Law Offices of Paul K. Schrier, PLLC

Can a Pedestrian Be At Fault for a Car Pedestrian Accident?

When a crash involving a vehicle and a pedestrian occurs in Miami, an injured pedestrian may want to file a claim in civil court to recover expenses related to the collision. Pedestrians who were injured should not be too quick to assume that it will be easy to seek compensation after a pedestrian accident.

Accidents involving a person on foot are not simple because a pedestrian can share fault or be entirely to blame for an accident. One might need an attorney's assistance when gathering evidence, preparing for trial or negotiating a settlement.

The Right Of Way?

You might have heard the adage about the letter "P" appearing before the letter "V" in the alphabet to relate that pedestrians have the right of way when crossing the street. While drivers are expected to stop and allow pedestrians to pass, this does not mean that the right of way makes it impossible for a pedestrian to be blamed for an accident.

Drivers and pedestrians both must exercise a reasonable standard of care when navigating roads. This standard is whatever caution a normal person would take while driving or walking. If an accident occurs, someone who failed to exercise the proper care could be negligent.

Negligent Actions

For drivers, engaging in any illegal behaviors like speeding or drinking and driving may constitute negligence. Distracted driving or falling asleep at the wheel could also make a motorist responsible for a wreck. Pedestrians could be at fault if a crash happens when they are jaywalking, crossing against traffic control signals or walking in places where pedestrians cannot cross in non-emergency situations.

Read Also - Three Key Things to Keep in Mind about Florida Pedestrian Accidents

Determining Fault

If a pedestrian suffers injuries after a car accident, the motorist may be liable if he or she ran a red light. However, a pedestrian is not considered blameless just because a motorist is at fault. Depending on one's behavior when a crash took place, a pedestrian could share fault.

Florida laws follow the principal of comparative negligence, so a pedestrian who shares some fault for an accident can still recover damages when suffering harm. However, a pedestrian who shares fault cannot recover all damages because this person's fault must be accounted for. If a jury determines that a pedestrian is responsible for 10 percent of an accident, then the amount one is entitled to is reduced by 10 percent. In other words, this person could monetarily recover 90 percent of the damages suffered.

To figure out how much fault each person involved in a wreck is responsible for, any evidence must be examined. Evidence might include a police report, witness statements, photos of the crime scene, cell phone records or video footage. Fault may be assigned at a trial, or the parties involved could agree on a settlement out of court.

When a pedestrian accident occurs in Miami, an injured pedestrian may need help paying for medical bills when healing. Even when partially at fault, a pedestrian could recover some expenses related to the wreck. To get the best outcome possible, one may need to consult an experienced pedestrian accident attorney.

The team at Paul K. Schrier, PLLC want just for you and your family call us today at 800-377-5194 for a Free Consultation.

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