Who is Liable in a Pedestrian Accident?

Friday, November 17, 2017

 Who is Liable in a Pedestrian Accident?

In a collision between a pedestrian and a car, the party whose negligence caused the accident is liable for the victim’s damages. To be negligent, one must fail to uphold his or her duty of care to others, which generally means he or she failed to drive or walk in a safe, responsible manner while obeying posted traffic and pedestrian laws.

In Florida, most car accident victims are required to seek compensation for their damages through their own car insurance policies by filing personal injury protection (PIP) claims. This is true whether the parties involved in the accident were both in cars or if one of the parties was a pedestrian.

A Driver Can be At Fault, but this is Not Always the Case

It is a misconception that the driver is always at fault in an accident between a car and a pedestrian. The truth is this: anybody can be at fault for a collision. A driver can be at fault by speeding, driving distracted, or failing to let a pedestrian cross when he or she has the right of way. A pedestrian can be at fault in many different ways as well, such as walking or running into the roadway when he or she does not have the right of way, disrupting the flow of traffic, or entering the roadway at a point other than a designated crosswalk.

What Happens if a Pedestrian Causes a Car Accident?

If the driver or other victims suffer damages beyond what their PIP coverage can provide, they can seek compensation for their damages through the pedestrian’s car insurance policy or, if the pedestrian does not have car insurance, through their own uninsured motorists coverage.

Pedestrian accidents can be complicated, and it is possible for a pedestrian to recover compensation for his or her damages by making it appear that the motorist was at fault for the accident. To avoid being found at fault for a collision, a motorist must make use of all the evidence he or she can access and avoid making incriminating statements to law enforcement or an insurance provider representative. After receiving medical attention for an injury sustained in an accident, it is in any victim’s best interest to work with a lawyer to handle these interactions.

Work with Draper Law Office to Pursue your Pedestrian Accident Claim

If you have been injured in an accident, whether you were in a car or on foot, speak with an experienced personal injury lawyer to determine your rights and your grounds for seeking compensation for your damages. To get started, visit Draper Law Office online or by calling (866) 767-4711 today to schedule your free, no-obligation consultation in one of our three offices: Kissimmee, St. Cloud, and Orlando.


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I was referred to Draper Law by my father in-law after being hit from behind in an auto accident. I didn't realize, at the time, what an important decision I was making by hiring a personal injury attorney to represent me. Charles Draper took the time to explain the process and what I could expect. His professional team was there for me every step of the way through a long, and often complicated, legal experience. I just want to express my sincerest gratitude for all the efforts that were taken by Charlie and his team on my behalf in obtaining a settlement on my case.