Liability for Pedestrian Accidents

Distracted motorists create dangerous situations. This situation will cause possible harm to all objects and people in its path. Pedestrians are among the most vulnerable when crossing the street and on sidewalks. When motorists are not careful, it makes being around traffic a terrifying experience.

Car accidents involving pedestrians from negligent behavior can cause severe injuries and fatalities. If an accident happens to you or a loved one, you must hold the at-fault party liable.

Motorist and Pedestrian Road Responsibilities

Drivers and cyclists must share the road with one another and with pedestrians. Everyone who uses streets for traveling need to follow the rules of the road.

Drivers and Cyclists’ Rules of the Road

Safety is the top priority when driving, riding, or walking on the road. Here are a few of those rules to help reduce the risk of accidents.

• Look for pedestrians on streets, crosswalks, and at the road at intersections.
• Check blind spots when backing up, changing lanes, and making turns.
• Avoid any type of distraction inside and outside your vehicle.
• Drive the correct speed limit and be extra careful in school zones and residential areas.
• Be attentive when around stopped transit vehicles and the pedestrians leaving those vehicles.
• Communicate with all road users (eye contact, hand signals to show turns, etc.) to keep everyone safe.
• Look out for pedestrians at all times.
• Do not drive on a sidewalk except for going in-and-out of a driveway or alley.
• Do not stop your vehicle in the middle of a crosswalk.
• Approach crosswalks and corners at a slower speed and always be prepared to stop.
• Alter operating speeds and levels of caution when driving in adverse weather.
• Be careful when driving around pedestrians. Always be aware of your surroundings.

Road safety responsibilities include the actions of drivers, cyclists, and pedestrians too.

Pedestrians’ Rules of the Road

For pedestrians to be safe when close to traffic, here are a few rules of the road to follow:

• Check your surroundings, avoid distractions, and stay alert while crossing the street.
• Follow signals and cross the street only at designated locations and crosswalks.
• Cross the road at an intersection and follow the signs at the lights.
• Stop, look, and listen to all traffic. Ensure the traffic comes to a complete stop before walking across the road.
• Check to see if the driver is paying attention by making eye contact. Never guess or assume that motorists can see you or know your intentions.
• Wear reflective clothes or add-ons when walking across the street at night. Make yourself more visible to motorists.
• Walk on sidewalks
• Obey all traffic signals.

As pedestrians are more exposed to traffic injuries, drivers must yield to them when they cross the road.However some motorists become too comfortable, distracted, or drive too fast. Each situation can cause severe accidents to happen. If suffering injuries from negligent acts, you may need to speak with a lawyer and file a lawsuit.

But how much do you know about negligence laws for vehicle-pedestrian accidents? An experienced lawyer can catch you up on how to proceed after a car crash with an individual, sue at-fault parties, gain compensation, and handle settlement negotiations.

Sharing the road is not always easy, and crashes happen even when everyone follows the road rules. Accidents can also be the fault of pedestrians, or they may be partially to blame.

When the motorist and pedestrian are both liable, it is called “contributory negligence.”

Contributory Negligence vs. Comparative Negligence

Contributory negligence means the injured party contributed to the cause of the crash and their injuries. Since they played a role in the crash, it bars them from receiving any compensation.

Comparative negligence offers a reduced amount of payment to all parties at-fault. The courts base the amount on the percentage of faults. The total could help cover medical bills and damage costs if the suit is successful.

What are your options?

If you have recently been in an accident, an attorney can review your case and share your options with you.

Check with your personal injury attorney to learn essential information about the law. You can get more on why a pedestrian's negligence does not limit their ability to sue,yet it may reduce the recovery of damages. The more data and evidence you collect, the higher your chances are of succeeding in a lawsuit.

By expanding your knowledge about personal injury laws, you can better understand how they keep you safe.

A lawyer can provide an understanding of your legal rights, resources, and representation. All of which you need to build a solid case that you can win in court.

Here at the law offices of Kaufman and Lynd we are devoted to ensuring our clients experience tailored, straightforward assistance throughout their personal injury case. If you or a loved one has recently been injured in an accident in the greater Orlando area, please do not hesitate to reach out to us here.