Negligence
Lawsuits for additional damages are typically based on negligence. In a successful case, the injured party will prove that:
- The driver of the vehicle owed the pedestrian a duty of care.
- The driver breached this duty, either by disregarding traffic laws, not paying attention to their surroundings, or driving recklessly.
- The pedestrian sustained a serious injury as a result of this breach.
Drivers and pedestrians are expected to exercise a reasonable duty of care while using common roads. However, drivers are often held to a higher standard because of their ability to react quickly and avoid accidents — especially when children and the elderly are involved. Both pedestrians and drivers can contribute to the cause of the accident.
Florida is a comparative-negligence state; each party involved in the accident can be financially responsible for a percentage of the damage, depending on the degree to which they were at fault. Defendants in pedestrian accident cases will often try to prove that the pedestrian was partially at fault for the accident to mitigate damages.
A driver may be considered negligent for any of the following:
- Preoccupation and failure to pay attention
- Failure to observe the speed limit
- Failure to yield the right of way at crosswalks
- Failure to use turn signals
- Violating traffic laws, including neglecting to stop at lights and stop signs
- Driving under the influence.
Negligence on part of the pedestrian may refer to any of the following:
- Darting out in front of cars
- Failing to use dedicated cross-walks, or jaywalking
- Failing to see if it is safe to cross the street
- Ignoring pedestrian signals at intersections
- Failing to pay attention to their surroundings
An attorney can compile witness statements, police reports, scene re-creations, and footage from traffic cameras, if available, to help prove the driver breached their duty to operate their vehicle with reasonable care.
Wrongful Death
If a pedestrian does not survive an accident, their family may bring a claim on their loved one’s behalf to recover compensation for damages. They will be required to prove the same elements as pedestrians pursuing a negligence claim on their own behalf. An attorney will help family members who choose to file a suit hold the negligent party accountable for their actions.