Kissimmee Woman Killed by Car While Crossing Street
A 42-year-old Kissimmee woman was tragically killed earlier this week while attempting to walk across Pleasant Hill Road in Osceola County. According to the Florida Highway Patrol, the pedestrian was hit by a sedan at approximately 11:15 p.m. The sedan was driven by a 20-year-old Kissimmee woman who did not suffer any injuries as a result of the accident. The pedestrian is reported to have died on the scene. According to the Florida Highway Patrol, the pedestrian did not cross the street at a crosswalk or intersection. They did not make any statement as to what caused the accident or whether the driver will be charged.
Comparative Negligence in Florida
Florida is a comparative negligence state. This means that if someone is injured in an accident, the negligence of both parties will be considered in determining who is at fault and how much is ultimately paid out to the suing party in damages. This is important to understand, because it means that every time you act negligently, you are also potentially reducing your own recovery. However, it’s also important to understand that even if you contributed to your own injury, you can still recover provided the other party’s negligence contributed more to the accident than yours did. In other words, as long as you are found to be less than 50% at fault, you can still recover damages from the other party. The judge or jury will determine the percentage of fault of each party, based on evidence presented at trial.
In the case above, if the victim’s family chooses to pursue a wrongful death claim against the driver, the negligence of both parties will be considered. Whether the motorist was speeding, driving distracted, driving without her headlights on, and more will all be considered in determining how much her actions contributed to the fatal accident. Likewise, the pedestrian’s actions, such as not using a crosswalk or intersection, will also be assessed to determine a corresponding percentage of fault. Purely hypothetically, if it is determined that the driver was 75% at fault, and the pedestrian was 25% at fault, and the jury awarded the victim’s family $1 million, the $1 million award would be reduced by 25%, proportionate to the amount of fault the victim was determined to be responsible for. The victim’s family would then receive $750,000.
Benefits of Bringing a Lawsuit
While nothing can erase a terrible tragedy like this from having happened, civil lawsuits do provide a mechanism for re-achieving financial wholeness after such a catastrophic event. Criminal law is designed to restore justice, by punishing and/or rehabilitating the offender, however, it is not designed in any way to help the victim or their family heal or recover. Civil law, such as personal injury law, allows victims and their families to recoup all costs and expenses related to the accident. Additionally, lawsuits can provide compensation for future anticipated medical expenses, lost wages, lost earning potential, loss of companionship, funeral expenses, intangible losses such as pain and suffering, and more.
Schedule a Consultation
If you or a loved one have been injured or even killed in an accident that was not your fault, contact the experienced Kissimmee personal injury lawyers at Draper Law Office and schedule a consultation today.