Pedestrian Accident Lawyer Maitland

Pedestrian accidents often leave victims with severe injuries and long recovery times. If you were struck by a vehicle while walking in Maitland, you need someone who can stand up for your rights. Donaldson & Weston has the experience to help you take legal action. Speak with a pedestrian accident lawyer by calling 561-821-3898 today for a free consultation.

Can Pedestrians Be Held Partially Liable for an Accident?

Pedestrian accidents can result in severe injuries, often due to the high impact of collisions between vehicles and people. In Florida, pedestrians typically have the right of way in most traffic situations. However, there are circumstances where pedestrians may share in the blame for causing an accident. Understanding when a pedestrian might be partially liable for an accident is essential for anyone involved in such a case.

Florida follows a comparative negligence law, which means that even if a pedestrian is partly at fault, they may still be entitled to compensation, though the amount could be reduced. Knowing how partial liability works can help you understand your rights and navigate the legal process if you are involved in a pedestrian accident.

How Comparative Negligence Works in Florida

Florida’s comparative negligence law allows for a fair distribution of fault when more than one party is responsible for an accident. In this system, each person involved in the accident can be assigned a percentage of the blame. If a pedestrian is found to be partially at fault, their compensation can be reduced by the percentage of blame assigned to them.

For example, if a pedestrian is awarded $100,000 in damages but is found to be 20% responsible for the accident, they would only receive $80,000. This system ensures that compensation reflects the degree to which each party contributed to the accident.

When Might a Pedestrian Be Partially Liable?

Although pedestrians have the right of way in many traffic situations, there are scenarios where they may be partially responsible for an accident. Some of the common situations where a pedestrian could share liability include:

• Jaywalking or Crossing Outside of Crosswalks
  In many places, pedestrians are required to cross the street at designated crosswalks. If a pedestrian crosses the road in an area not marked for pedestrian traffic, such as between two intersections or in the middle of the block, they may be considered partially at fault. Jaywalking can be dangerous and puts pedestrians at greater risk of an accident.

• Ignoring Traffic Signals
  Pedestrians are required to obey traffic signals just like drivers. If a pedestrian crosses the street when the signal is red or ignores the “Do Not Walk” signal, they may be contributing to the accident. While drivers must still exercise caution and avoid hitting pedestrians, a pedestrian’s failure to follow traffic rules can be a factor in determining fault.

• Walking While Distracted
  In today’s world, many pedestrians are distracted by their phones, headphones, or other distractions while walking. If a pedestrian fails to notice an approaching vehicle because they are distracted, they may be considered partially responsible for the accident. This is particularly true if they cross the road without paying attention to oncoming traffic.

• Entering the Roadway Without Looking for Traffic
  Even when pedestrians are using crosswalks or following traffic signals, they are still expected to be aware of their surroundings. If a pedestrian enters the roadway without checking for traffic or steps out unexpectedly in front of a moving vehicle, they may be partially at fault for the accident.

• Engaging in Risky or Impulsive Behavior
  Some pedestrians engage in risky behavior, such as running across the street or darting out in front of traffic, putting themselves in harm’s way. If this type of behavior leads to an accident, a pedestrian could be held partially liable.

• Walking Under the Influence
  Pedestrians who are under the influence of alcohol or drugs may not have the necessary judgment to safely cross the street. If a pedestrian’s impaired state leads to an accident, they may be partially at fault for the incident.

Determining Partial Liability in Pedestrian Accidents

In order to determine whether a pedestrian is partially responsible for an accident, several factors must be considered. Some of the key elements that may be used to assign liability include:

• Witness Testimony
  Witnesses to the accident can provide critical information about the circumstances leading up to the collision. If multiple witnesses testify that the pedestrian was not following traffic rules or was distracted at the time of the accident, this can help establish partial liability.

• Traffic Camera or Surveillance Footage
  Video footage from traffic cameras or surveillance cameras in the area can be extremely valuable in pedestrian accident cases. This footage can show whether the pedestrian was following traffic signals, jaywalking, or engaging in risky behavior at the time of the accident.

• Police Reports
  Police reports can provide an official record of the accident and may include details about whether the pedestrian was at fault. The police may indicate whether the pedestrian was crossing at a crosswalk, ignoring traffic signals, or engaged in other behavior that could have contributed to the accident.

• Expert Testimony
  In some cases, accident reconstruction experts can help analyze the scene and determine whether the pedestrian’s actions contributed to the crash. Experts can provide insight into the speed of the vehicle, the pedestrian’s location, and other factors that may have affected the accident.

How Partial Liability Affects Your Claim

If you are a pedestrian involved in an accident and found to be partially liable, it is still possible to recover compensation for your injuries. However, your recovery will be reduced by your percentage of fault. If the other party is found to be primarily responsible for the accident, you may still receive compensation for medical bills, lost wages, and other damages.

If you are a pedestrian who has been injured in an accident and believe that you were partially at fault, it is important to consult with an attorney. A personal injury lawyer can help you understand your legal options, gather evidence, and work to ensure you receive fair compensation for your injuries, even if you share some of the blame.

What You Can Do to Protect Your Rights 

To protect your rights and maximize your chances of receiving fair compensation, there are several steps you can take if you are involved in a pedestrian accident:

• Seek Immediate Medical Attention
  Regardless of how minor your injuries may seem, always seek medical attention right after an accident. Some injuries, such as concussions or internal injuries, may not show immediate symptoms but can worsen over time.

• Report the Accident to the Authorities
  Always file a police report after a pedestrian accident. This report can serve as an official document that may be useful when determining liability.

• Gather Evidence
  If you are able, take photos of the scene, your injuries, and any damage to vehicles. Gather witness contact information and ask for any surveillance footage that may be available.

• Consult an Attorney
  An experienced personal injury attorney can help you navigate the claims process, assess the evidence, and ensure that you are not unfairly blamed for the accident. They can also help negotiate with insurance companies and advocate for your rights.

Personal Injury Attorney Supporting Maitland Pedestrian Accident Victims

Pedestrian accident victims often face long recovery times and serious financial strain. A trusted personal injury attorney can help you seek the compensation needed to move forward with confidence. At Donaldson & Weston, we represent injured pedestrians in Maitland and fight for fair results. Call 561-821-3898 now to arrange a free consultation and take the first step toward justice.