Can Pedestrians Be at Fault?

Can Pedestrians Be at Fault?

When most people think of pedestrian accidents, they often assume that the driver is fully to blame. While it is true that motorists have a legal duty to exercise caution around pedestrians, there are situations where a pedestrian’s own actions may contribute to an accident. In Florida, personal injury claims involving pedestrian accidents are subject to the principle of comparative fault, which means both parties can be held partially responsible for what occurred.

Understanding how shared liability works—and how it might impact your ability to recover compensation—is essential if you or a loved one has been injured in a pedestrian accident.

What Is Comparative Fault?

As of March of 2023, Florida follows a legal standard known as “modified comparative negligence.” Under this rule, a pedestrian who is partially at fault for their own injuries can still recover compensation, provided their share of fault is 50 percent or less. However, any compensation awarded will be reduced in proportion to their degree of fault.

For example, if a pedestrian is found to be 30 percent responsible for the accident and is awarded $100,000 in damages, they would ultimately receive $70,000.

Common Scenarios Where Pedestrians Share Fault

There are several situations in which a pedestrian may be deemed partially liable in an accident:

• Jaywalking or Crossing Outside a Crosswalk: When pedestrians cross in the middle of the street or outside a designated crosswalk, they may be seen as contributing to the risk of an accident.
• Disobeying Traffic Signals: Ignoring “Don’t Walk” signs or crossing against a red light can lead to collisions that may be partially attributed to the pedestrian’s own actions.
• Walking While Distracted: Using a smartphone, listening to music through headphones, or engaging in other distractions while walking can impair a pedestrian’s ability to notice oncoming vehicles.
• Being Under the Influence: Just as drivers can be held accountable for driving under the influence, pedestrians who are impaired by alcohol or drugs may be considered partially responsible for their own injuries.
• Entering the Roadway Suddenly: If a pedestrian steps off a curb or darts into traffic unexpectedly, the driver may not have had sufficient time to react—even if they were driving cautiously.

What This Means for Your Personal Injury Claim

Being partially at fault does not automatically bar you from recovering damages after a pedestrian accident. However, your compensation may be reduced, and the insurance company will likely use any evidence of shared fault to minimize their payout. This is one reason why it is crucial to work with an experienced personal injury attorney who can advocate for your rights and present a strong case on your behalf.

At Aronberg & Aronberg, we understand the nuances of Florida’s comparative fault laws and how they apply to pedestrian accidents. Our legal team is skilled at gathering evidence, consulting expert witnesses, and building persuasive arguments to ensure that our clients receive the full compensation they are entitled to under the law.

Evidence That Can Support Your Claim

To successfully defend against claims of shared liability, it is important to collect and preserve relevant evidence. This may include:

• Traffic or surveillance camera footage
• Witness statements
• Police reports
• Photos of the scene
• Medical records
• Expert testimony regarding road design or accident reconstruction

A thorough and well-documented case can make all the difference when it comes to proving the extent of liability and recovering fair compensation.

Aronberg & Aronberg Can Help

While pedestrians are afforded significant protections under the law, they are not immune from accountability. Understanding how comparative fault works in Florida is key to managing your expectations and developing a successful legal strategy. If you or someone you love has been injured in a pedestrian accident, do not assume that partial fault means you have no case.

Contact Aronberg & Aronberg today for a free consultation. We are here to help you navigate the legal process and fight for the compensation you deserve.

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