Pedestrian accidents are typically caused by negligence or the inattentiveness of a driver. However, a pedestrian who is not taking reasonable care for their own safety can also contribute to an accident. Common causes of pedestrian accidents include:
In Florida, drivers are required to exercise “due care” to avoid hitting pedestrians. Pedestrians are allowed to walk on highways, as long as they are walking on the shoulder or to the extreme edge of the highway. When walking on the shoulder of a two-way street, pedestrians should walk only on the left side of the roadway.
According to the Manual on Uniform Traffic Control Devices, pedestrians are required to follow the directions of any official traffic control device, including posted signs and traffic signals. When pedestrians are crossing an intersection with the flow of traffic facing a green light, cars are required to give the right-of-way to the pedestrians. Vehicles crossing the sidewalk must give the right-of-way to all pedestrians walking on the sidewalk. The only time pedestrians shouldn’t cross at a green light is if there is a pedestrian-specific light stating otherwise.
Pedestrians facing a yellow light shouldn’t try to cross the street if they are still on the curb. Only those already in the road should continue crossing. And when motorists are turning right at a red light, they should give the right-of-way to the crossing pedestrians.
It is unlawful for a pedestrian to step in front of a vehicle in a way that creates an “immediate hazard.” Pedestrians should never cross a street diagonally. Pedestrians are required to give right-of-way to emergency vehicles.
After a serious injury or accident, victims and their families have many questions in mind. We encourage you to contact us today for a free consultation, so we can personally address all your questions and concerns.
Meanwhile, these are a few of the most common questions we hear from our clients.
Yes, but only if the driver of the vehicle was at fault for causing the accident. If you were a pedestrian in the crosswalk when a car struck you, you can sue. On the other hand, if the driver did not cause the accident, the pedestrian may not sue.
The driver may be held liable for damages in a negligence case, which may include:
If you are injured as a pedestrian in Florida, you have four years from the date of injury to bring a personal injury case. For a wrongful death case, it’s two years.
Florida follows the pure comparative negligence standard. This means that even if a pedestrian is 90% responsible for their accident, they can collect 10% of damages. A jury would examine the situation and assign fault between the two parties based on the facts and circumstances of the case.
If you have been injured in a pedestrian accident in Flagler or Volusia County, seeking compensation with a lawsuit can be confusing and intimidating. The experienced Florida pedestrian accident attorneys at Rue & Ziffra Law Offices can help. As a personal injury law firm with over four decades of experience, we have the resources to devote to your pedestrian accident case.
We will act quickly to locate witnesses and preserve evidence before it is lost or destroyed. Oftentimes, we look at the cell phone records of the at-fault driver to determine if they were distracted by talking or texting at the time of the collision. We will identify all the potentially liable parties in your pedestrian accident, broadening the pool of insurance funds available to you.
The Flagler and Volusia County pedestrian accident lawyers at Rue & Ziffra Law Offices can conduct a thorough investigation of your case, protect your rights, and make sure that you do not say anything that could compromise your claim. We will fight for the maximum compensation that you need and deserve. To schedule a free, no-obligation consultation, call us at 1-800-JUSTICE today.