If a moving vehicle struck you or your loved one as a pedestrian, an experienced Florida pedestrian accident lawyer could help you pursue the compensation you need to move forward with your recovery. Injured pedestrians may face staggering medical bills and extensive rehabilitation, but a knowledgeable personal injury attorney could work with you to seek damages to offset your costs.
Comparative Fault in Trinity Pedestrian Accident Cases
When considering how fault is apportioned in a pedestrian accident case, it is common for courts to look at whether the pedestrian contributed to their injuries through their own negligent actions—for example, by jaywalking or failing to use the crosswalk, failing to wear reflective gear while jogging at night, or not adequately supervising a child who runs into the road. Fortunately, Florida’s negligence laws are generous towards injured parties filing civil suits.
Even if victims are deemed partially responsible, they may still recover damages in proportion to the fault caused by the other negligent party. Under Florida law, victims’ recovery of compensation may be reduced in proportion to the amount of fault they contributed to the accident.
Furthermore, and unlike many other states, Florida allows accident victims to continue to pursue compensation from another negligent party even if their own negligence represents the greater share of fault. Some states operate under a so-called modified comparative negligence rule which allows partial recovery for victims only if they are not more than 50 percent at fault, but Trinity pedestrian accident attorneys could seek damage awards on plaintiffs’ behalves no matter how fault they bear.
Establishing Liability for a Pedestrian Accident
How a pedestrian accident occurred can influence which party is liable for the pedestrian’s damages. However, there are some factors and actions that courts address more often than others when it comes to determining liability for pedestrian accidents. An experienced pedestrian lawyer in Trinity could investigate the circumstances that led to the crash and determine which party or parties are responsible.
Drunk and Distracted Driving
Skilled Trinity pedestrian accident lawyers could investigate whether the driver who struck a pedestrian was using their phone at the time of the accident, or whether evidence exists that could establish they were under the influence of alcohol or drugs. Even if a driver is not charged with a DUI, the field observations of officers at the scene of a pedestrian accident may help victims and show the court that a driver acted recklessly by consuming alcohol prior to driving.
Fatigued Commercial Driving
If a drowsy driver is a commercial truck driver, the parent commercial trucking company could be liable, especially if they violated federal or state laws establishing limits on hours of service.
When drivers are speeding, especially through intersections, they are more likely to strike a pedestrian. Commercial drivers and their companies, as well as individual drivers and their insurers, could be liable for speeding or aggressive driving that leads to injuring a pedestrian.
Get in Touch with an Experienced Trinity Pedestrian Accident Attorney
Suffering a pedestrian accident can be devastating, and in the worst cases even fatal. Victims and their families may be eligible for a variety of damages including compensation for monetary losses such as medical bills and lost wages, as well as non-monetary losses like pain and suffering.
Families of pedestrians killed by negligent drivers may also be able to obtain wrongful death compensation covering the cost of end-of-life expenses, funeral bills, and the loss of the deceased’s companionship and support, both emotional and financial. Call a knowledgeable Trinity pedestrian accident lawyer to set up a consultation.