Who Is Typically at Fault in A Pedestrian Accident – The Driver or The Pedestrian?

As a personal injury law firm in Florida, at Zweben Law Group, we often encounter clients with questions about pedestrian accidents. It’s a complex area of law, so let’s break it down in a simple, friendly manner.

Understanding Fault in Pedestrian Accidents in Florida

In Florida, determining fault in pedestrian accidents can be complicated. Both drivers and pedestrians have specific duties to uphold safety on the roads. For drivers, it’s about obeying traffic signals, following speed limits, and being vigilant, especially in crosswalks and residential areas. Pedestrians, on the other hand, are expected to cross at designated locations and follow traffic signals. Fault typically depends on who neglected their responsibilities at the time of the accident.

A Driver’s Responsibility

In Florida, as in many places, drivers have specific responsibilities towards pedestrians, especially concerning crosswalks. These responsibilities are not just legal obligations but are crucial for ensuring the safety of all road users. Let’s delve into what a driver’s responsibility entails in this context:

  1. Yielding to Pedestrians in Crosswalks: The most fundamental responsibility of drivers is to yield to pedestrians. If a pedestrian crosses the road in a marked or unmarked crosswalk, the driver must slow down or stop to allow them to cross safely.
  2. Vigilance and Anticipation: Drivers must be vigilant and anticipate the presence of pedestrians, particularly in areas with high foot traffic, near schools, parks, and residential areas. 
  3. Speed Control: Controlling speed is a significant aspect of a driver’s responsibility. In areas where pedestrians are likely present, drivers should reduce their speed and be prepared to stop. 
  4. Not Overtaking Vehicles Stopped at Crosswalks: A driver should never overtake another vehicle that has stopped at a crosswalk. Often, the controlled car allows a pedestrian to cross, and overtaking could lead to a severe accident.
  5. Avoiding Distractions: Drivers should avoid distractions like using a mobile phone while driving. Being distracted impairs the driver’s ability to react to pedestrians and increases the risk of accidents.
  6. Shared Responsibility: While drivers have significant responsibilities towards pedestrians, it’s important to note that safety is a shared responsibility. Pedestrians, too, must act responsibly, such as not suddenly leaving a curb or safe place and walking or running into the path of an oncoming vehicle that doesn’t have enough time to yield.

When Pedestrians May Be at Fault

When discussing pedestrian accidents, it’s essential to recognize that pedestrians, like drivers, have responsibilities when it comes to road safety. Sometimes, pedestrians may be at fault or partially at fault for accidents. This can happen in various scenarios, especially when pedestrians disregard traffic laws or safety norms. Let’s explore this in more detail, particularly in the context of Florida law:

  1. Jaywalking: It refers to crossing the street outside of a designated crosswalk or intersection. In Florida, pedestrians are expected to use crosswalks or intersections when available. 
  2. Ignoring Traffic Signals: Pedestrians must adhere to traffic signals just like drivers.
  3. Darting into Traffic: Pedestrians may be found at fault if they suddenly dart into traffic. This action can take drivers by surprise, making it difficult or impossible for them to stop or swerve in time to avoid a collision. 
  4. Walking Where Pedestrian Access is Prohibited: Certain areas, such as highways or specific roads, prohibit pedestrian access. Pedestrians walking in these areas increases the risk of accidents and can also be considered at fault in the event of an incident.
  5. Distraction and Impairment: Distracted walking, such as crossing streets while looking at a phone, can be equally hazardous. Similarly, pedestrians under the influence of alcohol or drugs may have impaired judgment and slower reaction times, increasing the risk of accidents for which they could be held responsible.

Comparative Fault in Florida

Florida follows a comparative fault system. This means that in an accident, both parties can be found to hold a portion of the fault. For example, if a pedestrian was jaywalking, but the driver was speeding or distracted, both may share the fault. The amount of compensation can be reduced by the percentage of fault attributed to the injured party, except if a person is found to be more than 50% at fault, they could recover nothing.

Role of Evidence in Determining Fault

Evidence plays a crucial role in determining fault. This can include witness statements, traffic camera footage, police reports, and more. At Zweben Law Group, we diligently gather and analyze evidence to build a strong case for our clients. It’s about understanding the whole picture and advocating for your rights.

Florida’s Statute of Limitations

Florida’s statute of limitations for personal injury claims is typically two years. You have two years from the accident date to file a lawsuit. It’s crucial to act promptly to ensure your rights are protected.

Contact Zweben Law Group for Assistance

The aftermath of an accident or injury in Florida can be overwhelming. Remember that you don’t have to go through it alone. At Zweben Law Group, we’re dedicated to helping you understand your rights and options every step of the way. If you’ve been involved in an accident in Florida, contact us at 772-223-5454  or online for a free consultation. Our experienced team is ready to provide the support and guidance you need to face this challenging time.