In the majority of cases where a pedestrian is struck by a car, the driver of the vehicle is liable for any damages incurred by the person traveling on foot. However, every case is unique, and a thorough examination of the accident will likely be necessary to prove fault after a pedestrian accident.
At The Schiller Kessler Group, we have a long history of helping injured pedestrians recover compensation in these types of cases. Our team of experienced pedestrian accident lawyers in Davie will work diligently to help prove liability in your case and help you recover the compensation you deserve. Contact us today to schedule a free case evaluation.
Driver’s Must Uphold a High Standard of Safety to Protect Pedestrians
Because of the dangers that cars pose to pedestrians, drivers are held to a high standard of safety to protect pedestrians from harm. In these types of cases, the driver of the car will be assumed to be the party at fault for the accident unless they can prove otherwise.
Drivers must operate their vehicles with safety foremost in their mind to help ensure the safety of pedestrians and others sharing the roadway. Failure to abide by all traffic laws can leave a driver open to liability even if others contributed to the fault of the accident.
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When a Pedestrian Can Be Held Liable for an Accident
While fault will lie with the driver in most cases, pedestrians can also be held liable following a pedestrian accident. Pedestrians must comply with all applicable traffic laws to ensure their own safety and that of others. If a pedestrian fails to comply with the rules of the road, they could be held liable in part or in full.
Some of the circumstances under which a pedestrian can hold a level of liability for a pedestrian accident include if they:
- Are jaywalking (including crossing against traffic signals or crossing a street between intersections)
- Are walking while intoxicated or otherwise impaired
- Are walking where pedestrians are prohibited
However, even in these cases, drivers need to use caution and can still share the blame in the event of an accident. As long as the pedestrian is not more than 50% to blame for the crash, they can still pursue compensatory damages.
Other Parties That Can Be Held Liable After a Pedestrian Accident
The pedestrian and the driver of the vehicle that struck them are not the only two parties that can be held liable for a pedestrian accident. A variety of other parties may also share in the blame or be held fully liable for all damages to both driver and pedestrian. Other potentially liable parties include:
- The car manufacturer
- A car parts manufacturer
- A company that performed maintenance on the car
- The municipality responsible for maintaining the roadways
- A third-party driver
The Car Manufacturer
If a defect in the car, like a problem with the brakes, led to the accident, the vehicle manufacturer can be held liable for any damages. An experienced pedestrian accident lawyer can help investigate the crash to help determine if a problem with the vehicle led to the collision and prove the liability of the car manufacturer.
A Car Parts Manufacturer
Similarly, if a part was installed in the car and proved to be faulty, and led to the accident, the manufacturer of the part can be held liable for any resulting damages.
A Car Maintenance Company
If the car was taken in for maintenance, the company responsible for repairing the vehicle and replacing any failing parts can be held responsible for an accident if they were negligent in their duty and did not fully ensure the safety of the vehicle before returning it to the owner.
The Municipality Where the Accident Occurred
If the accident was caused by improperly maintained roads or missing traffic signs, the municipality responsible for maintaining the roads can be held accountable for any resulting accident. Cities and towns must take steps to address any significant safety threats for drivers and pedestrians in a timely manner.
Failure to fix the problem or put up visible warning signs can result in the municipality being held responsible for any resulting damage if you were injured in an accident.
A Third-Party Driver
When the actions of another driver not directly involved in the crash cause a collision between another vehicle and a pedestrian, the third-party driver can be held at fault for any resulting damages.
Comparative Modified Negligence in Florida
Under Florida’s modified negligence rule, when a pedestrian shares in the fault for causing an accident, they can still recover damages in a personal injury claim, as long as their level of fault is 50% or less. However, the amount they are eligible to claim will be reduced in direct proportion to their level of liability.
Under this rule, if a pedestrian is 20% to blame for causing the accident, the most they could possibly recover would be 80% of the full value of your claim. With this example, if your damages were valued at $100,000, the most you could recover would be $80,000.
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Get Help From an Experienced Pedestrian Accident Lawyer Today
The best way to ensure you recover the money you need after an accident is by hiring an experienced pedestrian accident lawyer. Your attorney can help prove liability so that you can collect compensation. At The Schiller Kessler Group, we have a long history of winning big for our clients.
Contact us today to schedule a free consultation with a member of our legal team.