How Is Fault Determined in a Pedestrian Accident in Florida?

Whether you’re out walking your dog or strolling with a friend, the last thing you expect when you’re on foot is to be struck by a vehicle. Unfortunately, pedestrian accidents do happen, and they are some of the most catastrophic injuries we see, leaving victims with astronomical medical bills and considerable suffering. As such, if you are injured, understanding how fault is determined in these instances is critical. The following blog explores what you should know about these matters, including the importance of working with an Indian River County pedestrian accident lawyer to help you fight for the justice you deserve.

What Laws Are in Place Regarding Right-of-Way in Florida?

In general, pedestrians have the right of way at most intersections. This means that, when a signal permits, the pedestrian has the right of way to cross the intersection, and cars must yield. This is also the case with crosswalks. Any approaching driver that sees a pedestrian in, entering, or waiting to enter a crosswalk must yield to the pedestrian.

However, there are instances in which pedestrians must yield to vehicles. This includes when waiting to cross the road at crosswalks. Pedestrians cannot simply step off the curb and into a crosswalk when a vehicle is too close to safely stop. Additionally, pedestrians must yield to oncoming traffic when crossing the street outside of a marked crosswalk.

Pedestrians should also walk only on sidewalks, unless there is no sidewalk. In these instances, pedestrians are instructed to walk facing traffic as close to the side of the road as possible.

How Is Liability Determined in a Pedestrian Accident?

Determining liability in pedestrian accidents can be tricky because, like most accidents, they can often turn into “he said, she said” situations. As such, there are certain elements law enforcement, insurance adjusters, and attorneys will look for when investigating these accidents.

One of the most important pieces of evidence that investigators will look at is witness statements and any security footage of the accident. This can include nearby traffic cameras, which may have captured the accident. Your attorney can help you submit a request to access this footage. However, speaking with witnesses who saw the accident, as well as examining physical evidence from the scene, such as tire marks and crash debris, can help investigators determine fault.

What Should I Do if I’m Struck by a Vehicle?

Of course, one of the most important things you can do following a pedestrian accident is to seek medical attention. Due to the nature of these collisions, they can be incredibly dangerous, often leaving victims with serious injuries. As such, ensuring you establish medical care shortly after the collision is critical for your health.

The victim or their loved one should also contact an attorney as soon as possible. Critical evidence will be lost by the minute, by the hour, and by the day. The sooner you secure representation, the more likely it is that your attorney can preserve the critical liability evidence.

If you have been struck by a vehicle while walking, the team at Ullian Trial Law is ready to represent you. Our firm knows these accidents can be overwhelming, leaving you unsure of how to proceed. That is why we are committed to helping you through these difficult times to fight for the best possible outcome for your unique circumstances. When you are hurt, do not hesitate to connect with our firm to learn how we can assist you during these difficult times.