Michael Damaso / 09-30-2022 / Car Accident

When Is a Pedestrian At-Fault After a Florida Car Crash?

When pedestrians cross the street, they do not benefit from steel frames, airbags, or other safety features that come standard on cars. Despite their vulnerability, sometimes pedestrians are not immune from fault in an accident. If a pedestrian behaves negligently and causes an accident, they may bear liability for the other parties’ injuries.

If you have been injured in a car accident caused by the negligence of another, you need a seasoned attorney in your corner. The skilled legal professionals at Wooten, Kimbrough, Damaso, & Dennis have more than 100 years of combined experience helping accident victims successfully recover compensation for the full extent of their losses. When you choose us, you can have peace of mind that your case is in the caring hands of an experienced legal professional.


How the Duty of Care Applies to Pedestrians

Everyone on the road, including drivers and pedestrians, are expected to act with a reasonable level of care to prevent harm to those around them. If a pedestrian breaches this duty and causes an accident, they may be held at least partially liable for the collision. One of the most common ways a pedestrian may breach their duty of care is failing to abide by the rules of the road. Some pedestrian traffic violations that may result in a car crash include:

  • Ignoring traffic signals at intersections
  • Walking on a highway shoulder or other areas where pedestrians are prohibited
  • Not looking both ways before crossing the street
  • Jaywalking

If you are unsure if a pedestrian may be at fault in your car accident case, contact an experienced attorney as soon as possible. Your personal injury attorney will thoroughly investigate your case to determine fault and advocate for your rights and interests.


Comparative Negligence in Florida

If you were hit by a car while crossing the street, you might be able to pursue compensation, even if you bear some fault for the accident. Florida follows the rule of pure comparative negligence, meaning that you can be compensated for your injuries and other damages according to your percentage of fault. For example, suppose you failed to exercise reasonable care while crossing and bear 30% of the fault for the accident, and the driver bears 70% of the fault. In that case, you may be entitled to 70% of the available damages for your losses.

Some of the damages you may be eligible to collect include:

  • Current and future medical expenses
  • Lost wages and earning potential
  • Loss of enjoyment in life
  • Significant disfigurement or disability
  • Emotional distress
  • Pain and suffering

Your attorney will work with you to review every detail of your case and determine which damages you are eligible to collect. At Wooten, Kimbrough, Damaso, & Dennis are experts in Florida law and will fight tirelessly to help ensure you can collect the compensation you need to make a successful recovery.


Speak to a Highly-Qualified Car Accident Attorney at Wooten, Kimbrough, Damaso, & Dennis

If you have been injured in a Florida car accident, do not hesitate to contact a trusted car accident attorney. The skilled legal professionals at Wooten, Kimbrough, Damaso, & Dennis have a proven track record of securing the maximum amount of compensation available for their clients and helping them move their lives forward. Our award-winning attorneys take a personalized approach to every case to ensure each client gets the high-quality legal representation they deserve. To learn more and schedule a free consultation with a member of our legal team, give us a call at (407) 843-7060 or complete our contact form today.

Disclaimer: All verdicts and settlements listed here are gross amounts before deductions for attorney fees and costs. Past results do not guarantee similar results in the future. Most cases result in a lower recovery. It should not be assumed that your case will have as beneficial a result. Before choosing a lawyer, ask for written information about the lawyer's legal qualifications and experience.