Yes. A pedestrian can be found at fault for a car accident in Florida, and often is found partly at fault. The driver is not automatically to blame. Florida divides fault between the people involved, and under section 768.81(6), Florida Statutes, anyone found greater than 50 percent at fault for his or her own harm recovers nothing. For individuals involved in such accidents, the circumstances under which a pedestrian may be at fault can significantly impact potential legal action and insurance claims.
When a pedestrian's actions, such as crossing the road, walking in prohibited areas, or ignoring traffic signals, contribute to an accident, they may be found partially or wholly at fault. This could result in the pedestrian paying for their medical costs or even facing legal action from the driver or their insurance company. Knowing what Florida weighs when it assigns fault tells you where you stand before an adjuster tells you.
Florida Pedestrian Accident Laws
Liability for pedestrian accidents is primarily determined based on negligence, which means that fault is attributed to the person who exhibited careless behavior that led to the accident. Drivers have a legal duty of care to look out for pedestrians and not injure them, but pedestrians also have to obey traffic rules and exercise caution when walking or crossing the road.
Determining Fault in Pedestrian Accidents
In Florida, drivers and pedestrians must behave responsibly and follow the rules of the road to ensure the safety of all road users. This includes obeying traffic signs and speed limits and yielding the right of way when necessary. Fault is the whole case. Without it there is no negligence claim and nobody to collect from.
To prove negligence you have to show that one party breached a duty of care and that the breach caused the crash and the injuries. Often the driver and the pedestrian are each partly to blame. Florida uses modified comparative negligence, not pure comparative negligence. Under section 768.81, Florida Statutes, your damages are cut by your own share of the fault, and subsection (6) bars recovery altogether for "any party found to be greater than 50 percent at fault for his or her own harm." That bar arrived with chapter 2023-15 (HB 837) and applies to causes of action filed after March 24, 2023, so it can reach a crash that happened before that date if the lawsuit was filed after it. Medical negligence claims under chapter 766 are the one carve-out.
For example, if a pedestrian crosses the road at a red light and a vehicle collides with them at excessive speed, both parties can be held liable for the accident. The pedestrian's liability may result from disregarding the traffic light, while the car driver's liability may result from exceeding the speed limit.
Role of Traffic Signals and Laws
Traffic signs and laws are important in determining who is at fault for pedestrian accidents. Pedestrians and drivers must obey these laws to ensure safe traffic flow and protect all road users.
- Traffic Signals: In Florida, pedestrians must obey all traffic signals unless otherwise directed by a police officer. Failure to do so can contribute to a pedestrian being held liable in the event of an accident.
- Right of way: under section 316.130(7), a driver must stop and stay stopped for a pedestrian crossing in a crosswalk at a signalized intersection, or at any crosswalk where signage requires it. Outside a crosswalk the duty flips. Section 316.130(10) makes a pedestrian crossing anywhere else yield to all vehicles on the roadway.
- Sidewalks and crosswalks: Pedestrians should use them when they can walk safely and avoid accidents. Walking on the roadway when a sidewalk is present can increase a pedestrian's liability in a collision with a vehicle.
- Rules of the road: section 316.130, Florida Statutes, is the pedestrian section. It requires a pedestrian to obey pedestrian control signals, to stay off the roadway where a sidewalk is provided, and not to leave a curb suddenly into the path of a vehicle that is too close to stop.
In Florida, pedestrians can be held liable for an accident if they fail to obey traffic laws, disobey traffic signals, or act negligently. Knowing and following these laws can significantly reduce the risk of accidents and ensure the safety of pedestrians and drivers on the road.
Legal Framework and Negligence
Liability turns on the negligence law of the state where the crash happened. In Florida that means duty, breach, causation and damages, followed by an apportionment of fault under section 768.81. Pedestrians and drivers must be aware of their responsibilities and follow the rules of the road to avoid endangering themselves and others.
Negligence and Duty of Care
Liability between a driver and a pedestrian is decided by ordinary negligence law. Both motorists and pedestrians have a duty of care to behave responsibly and safely on the road. This means that each party must be aware of their surroundings and take the necessary precautions to avoid accidents.
For drivers, the duty of care includes the following
- Observe speed limits
- Giving way to pedestrians at crosswalks
- Concentrating on the road and avoiding distractions
Pedestrians, on the other hand, should:
- Use designated crosswalks and sidewalks
- Look both ways before crossing the road
- Obey traffic signals and signs
Comparative and Contributory Negligence
When determining liability in accidents between motorists and pedestrians, courts often consider the concept of contributory negligence or comparative negligence. These negligence concepts help to apportion responsibility based on the fault of the parties in causing the accident.
Contributory negligence means that a pedestrian found to be even partially at fault for the accident can be excluded from compensation. This legal principle is quite strict and only applies in a few jurisdictions.
In comparative negligence cases, pedestrians can receive compensation even if they were partially at fault, with the compensation awarded being reduced by the percentage of their fault. Comparative negligence can be further subdivided into:
- Pure comparative negligence: Here, damages are awarded in proportion to the percentage of fault. For example, if a pedestrian is found to be 40% at fault, they will receive 60% of the total damages.
- Modified comparative negligence: compensation is still reduced by the injured person's share of fault, but past a cutoff it disappears. This is Florida's rule. Section 768.81(6) puts the cutoff at greater than 50 percent, so a pedestrian found 50 percent at fault keeps half of the damages and a pedestrian found 51 percent at fault keeps nothing.
Procedures After an Accident
By following these procedures and documenting all relevant information, drivers and pedestrians can better protect their rights and facilitate a fair settlement when determining liability in a car accident.
Steps to Take Following an Accident
If you are involved in a pedestrian accident, taking the right steps to resolve the situation and protect your rights is important. Here are some important steps you should take:
- Check for injuries: Check yourself and others for injuries, and call an ambulance if necessary.
- Contact the police: Notify the police to report the accident and request their presence at the scene.
- Get to safety: If possible, get to a safe place away from traffic without leaving the scene of the accident.
- Exchange information: Gather contact and insurance information from everyone involved, including driver(s), pedestrian(s), and witnesses.
- Keep a record: Document the incident by taking photos of the accident scene, injuries sustained, and any property damage. Note the date, time, and location of the accident.
Gathering Evidence and Information
Establishing the liability of all parties involved in the accident starts with a thorough collection of evidence and information. Here is a list of materials that can support your case:
- Police report: make sure a police report is filed, as it serves as official documentation of the accident and can provide important information about liability and contributing factors.
- Witness statements: Obtain the contact information and statements of witnesses present at the accident scene to support your version of events.
- Photos and videos: Capture visual evidence from the accident scene, including relevant traffic signals, road conditions, and vehicle damage.
- Medical records: Keep thorough records of medical treatments, diagnoses, and costs incurred due to the accident.
- Contact information: Maintain a list of all persons involved, including drivers, pedestrians, witnesses, and law enforcement officers.
Legal Representation and Actions
The two things worth knowing after a pedestrian crash are when to call a lawyer and how long you have to file. This section is designed to help individuals injured while walking or crossing the street, consider potential liability, and seek legal information and resources.
When to Contact an Attorney
It's important to contact a pedestrian accident or personal injury lawyer as soon as possible after an accident. These attorneys are well-versed in the rights and responsibilities of pedestrians and motorists. An early consultation allows:
- The collection and preservation of evidence
- A proper assessment of the case
- Timely compliance with the filing deadline. Under section 95.11(5)(a), Florida Statutes, a negligence claim that accrued on or after March 24, 2023 must be filed within two years. Claims that accrued before that date kept the old four-year period.
The advice of a pedestrian accident attorney can help determine whether the injured pedestrian, the driver, or both are at fault and what legal action may be appropriate. There are two primary paths for pursuing compensation for injuries sustained in a pedestrian accident.
Making Insurance Claim
This can be done with the driver's insurance company. An attorney can help navigate the process and negotiate fair compensation for medical bills, lost wages, and other damages. However, care should be taken when communicating with insurance adjusters, as they're primarily concerned with minimizing payouts for their company.
Filing a Lawsuit
If the insurance claim is unsuccessful or the case requires a more formal legal resolution, the injured party can file a personal injury lawsuit. The lawsuit can help recover damages such as:
- Medical expenses
- Lost wages
- Pain and suffering
- Emotional distress
In cases where the pedestrian suffers some contributory negligence, the legal doctrine of comparative negligence may come into play. Under this doctrine, damages may be reduced proportionately according to the degree of fault of each party.
Insurance and Compensation
After an accident with a pedestrian, the insurance claims process is an important step in determining fault and compensation.
Insurance Claims Process
A pedestrian found at fault can be left paying his or her own medical bills, and can be sued by the driver. If the driver is at fault, what pays the pedestrian is the driver's bodily injury liability coverage, assuming the driver carries any. Florida does not require it. Section 627.733 and section 324.022 require a Florida vehicle owner to carry only $10,000 in personal injury protection and $10,000 in property damage liability.
The case can become more complicated in a shared-fault accident where both parties are found responsible. The consequences depend on the state's laws in which the accident occurred. To receive fair compensation, it is important to follow the insurance claims process closely and in a timely manner.
Seeking Compensation for Damages
Injured pedestrians have several legal options for obtaining compensation after an accident. Compensation can be claimed from their own insurance company, the liable driver's insurance company, or, in the case of joint fault, from both parties. There are various ways to claim compensation, including:
- A personal injury protection claim. If the pedestrian owns a car insured in Florida, that policy pays first, no matter who caused the crash. Section 627.736(1)(a) pays 80 percent of reasonable medical expenses up to the $10,000 limit, but only if the injured person gets initial care within 14 days, and the payout is capped at $2,500 if a qualified provider decides there was no emergency medical condition. If the pedestrian owns no insured vehicle, section 627.736(4)(e)4. sends the claim to the insurer of the car that struck them, and that route is open only to a resident of Florida. A pedestrian visiting from another state gets nothing from that carrier.
- A bodily injury liability claim against the at-fault driver, covering medical expenses, lost wages, and pain and suffering. This is the claim that carries the case, because personal injury protection stops at $10,000.
- A lawsuit, when the liability carrier will not pay what the claim is worth, or the driver had no coverage at all.
The correct procedure for claiming compensation depends on the circumstances of the accident, the allocation of fault, and the insurance companies involved. It is advisable to seek advice from legal and insurance experts to determine the best option for each case.
Speak To A Lawyer About Your Injuries
If you were injured while walking or crossing the street, you should speak to a personal injury lawyer about your case right away. The experienced attorneys at the Weinstein Legal Team are here to fight for fair compensation on your behalf so that you can focus on your recovery.
Contact Weinstein Legal Team at 888-626-1108, or click here to schedule a free case review with one of our attorneys today.
