Pedestrian collisions could occur anywhere. However, a study by the United States Department of Transportation reflects that the vast majority of pedestrian crashes occur in urban areas. The data also shows that approximately seven out of every ten pedestrians injured by a vehicle were walking, running, or jogging at the time of their injury. If you have suffered an injury in a pedestrian accident, you might be able to hold the negligent driver accountable with the help of a personal injury attorney.
Pedestrian accidents are often especially devastating. While drivers enjoy the protection of a vehicle, pedestrians are exposed and vulnerable in a crash. To learn how you might be able to recover monetary damages for your injuries, contact a Palm Harbor pedestrian accident lawyer as soon as possible.
Pedestrian Accident Negligence
Not every incident involving a vehicle and a pedestrian results in a viable injury claim. For a pedestrian to recover monetary damages, their Palm Harbor pedestrian accident attorney must prove that the driver was negligent. Negligence has four elements:
- Duty of Care
Duty of Care
Every injury case centers around the duty of care owed to a victim. When it comes to pedestrian accidents, the duty of care is apparent. Every driver has a duty to operate their vehicle safely. This includes following posted speed limits, obeying traffic laws, and keeping a proper lookout for pedestrians.
To recover damages, a plaintiff must also prove that the defendant breached that duty of care. A breach could include violation of traffic laws, carelessly operating a motor vehicle, or failing to yield to a pedestrian.
Causation and Damages
The final two elements of negligence are interconnected. To recover monetary compensation, a plaintiff must have suffered actual damages. For example, a plaintiff who was uninjured after being struck by a car may not be able to prove the existence of damages. A pedestrian must not only prove they suffered damages, but they must also show those damages related to the defendant’s breach of the duty of care.
Florida Comparative Fault Laws
Unfortunately, pedestrians frequently play a role in causing their own injuries. Pedestrians often suffered injuries darting in front of moving vehicles or crossing at an intersection without a green light. However, partial fault for an accident would not completely bar a pedestrian from monetary recovery thanks to Florida’s comparative fault laws.
In some states, a plaintiff may only recover damages if they were not primarily responsible for the accident. Known as modified comparative fault, this legal theory holds that a plaintiff may only recover damages if they are less than 50 percent responsible for their injuries.
Florida is not a modified comparative fault state, however. In Florida, a plaintiff may seek damages in an injury case even if they were primarily at fault. This system is known as pure comparative fault. However, if a jury determines that a plaintiff was partially at fault, they would reduce any award of damages by the percentage that the plaintiff was liable for their injuries. A seasoned Palm Harbor pedestrian accident attorney could use their experience in persuading a jury that a pedestrian’s fault in an accident was minimal.
Discuss with a Palm Harbor Pedestrian Accident Attorney
If an operator of a car, truck, or motorcycle injures you while walking, an aggressive Palm Harbor pedestrian accident lawyer could protect your legal rights. You deserve compensation for your injuries, and the right legal counsel may be able to help you through this challenging process. Call today to schedule an initial consultation.