Pedestrian accidents can be life-changing, often resulting in severe injuries and significant financial burdens. In Florida, determining fault in pedestrian accidents can be complex—especially when the pedestrian may share some responsibility for the incident. Florida’s comparative negligence law plays a critical role in determining compensation for victims in these cases.
At FGB Law, we understand the challenges pedestrians face when pursuing accident claims, particularly when fault is disputed. This article explains how comparative negligence impacts pedestrian accident claims, how fault is determined, and what steps you should take if you’re partially responsible for an accident.
Understanding Comparative Negligence in Florida
Florida follows a modified comparative negligence system under Florida Statute §768.81. This law states that an injured party can recover compensation for their damages as long as they are less than 50% at fault for the accident. However, their total compensation will be reduced by their percentage of fault.
For example:
- If you are found 20% responsible for the accident and your damages total $100,000, your compensation will be reduced to $80,000.
- If you are 51% or more at fault, you cannot recover any compensation.
This system aims to ensure fairness by holding all parties accountable for their role in causing an accident.
How Fault Is Determined in Pedestrian Accidents
Determining fault in pedestrian accidents involves analyzing the actions of both the pedestrian and the driver. Liability is typically based on whether either party acted negligently and failed to uphold their duty of care.
When a Driver May Be at Fault
Drivers have a legal responsibility to operate their vehicles safely and remain alert for pedestrians. Common examples of driver negligence include:
- Distracted Driving: Texting, eating, or other distractions that cause a driver to fail to see a pedestrian.
- Speeding: Driving too fast, especially in areas with heavy pedestrian traffic.
- Failure to Yield: Ignoring crosswalks, stop signs, or traffic signals.
- Impaired Driving: Driving under the influence of alcohol or drugs.
- Running Red Lights or Stop Signs: Disregarding traffic laws that protect pedestrians.
When a Pedestrian May Be Partially at Fault
While pedestrians often have the right of way, they must also follow traffic rules and exercise caution. Examples of pedestrian negligence include:
- Jaywalking: Crossing the street outside of designated crosswalks.
- Ignoring Traffic Signals: Entering a crosswalk when the signal indicates “Do Not Walk.”
- Walking While Distracted: Using a phone or wearing headphones and failing to observe traffic.
- Crossing Highways: Entering areas where pedestrian access is restricted.
Gathering Evidence to Determine Fault
Evidence is critical in determining the percentage of fault in a pedestrian accident. Your attorney will gather:
- Police reports detailing the accident and initial fault assessments.
- Witness statements from individuals who saw the incident.
- Surveillance or traffic camera footage showing the accident.
- Accident reconstruction reports to clarify how the incident occurred.
How Comparative Negligence Impacts Compensation
If you share some responsibility for a pedestrian accident, your compensation will be adjusted based on your percentage of fault. Here’s what that means for your claim:
- Medical Expenses: Compensation for hospital bills, surgeries, therapy, and other treatment will be reduced by your fault percentage.
- Lost Wages: If you’re unable to work, you can still recover lost income, adjusted for your level of responsibility.
- Pain and Suffering: Non-economic damages, such as emotional distress and reduced quality of life, are also subject to reduction.
Because insurance companies often try to shift blame onto pedestrians to reduce payouts, it’s essential to have an experienced attorney protect your rights and fight for fair compensation.
Steps to Take After a Pedestrian Accident
If you’ve been involved in a pedestrian accident, taking the following steps can help protect your health and strengthen your claim:
- Seek Immediate Medical Attention
Your health is the top priority. Even if you don’t feel injured, some injuries (like internal trauma or concussions) may not show symptoms right away. - Call Law Enforcement
Always report the accident to the police. A detailed police report can provide critical evidence in determining fault. - Document the Scene
If you are physically able:- Take photos of the accident scene, including crosswalks, traffic signals, and vehicle damage.
- Collect contact information for the driver and any witnesses.
- Avoid Admitting Fault
Be careful with what you say to others at the scene. Statements like “I didn’t see the car” can be used to assign fault to you later. - Consult an Attorney
An attorney can help investigate the accident, gather evidence, and negotiate with insurers to ensure you receive fair compensation, even if you share partial responsibility.
Why Legal Representation Matters in Comparative Negligence Cases
When comparative negligence comes into play, insurance companies often attempt to assign a higher percentage of fault to the pedestrian to minimize payouts. Without legal representation, you may receive far less compensation than you deserve—or none at all.
At FGB Law, our experienced attorneys will:
- Investigate the accident to gather strong evidence of driver negligence.
- Challenge attempts to unfairly assign fault to you.
- Handle all communication and negotiations with insurance companies.
- Fight to recover the maximum compensation for your injuries.
Whether you were partially at fault or not, we will ensure that your rights are protected every step of the way.
Contact FGB Law for Help With Pedestrian Accident Claims
If you’ve been injured in a pedestrian accident in Port Charlotte, understanding how comparative negligence may affect your case is crucial. At FGB Law, we are dedicated to helping accident victims navigate Florida’s legal system and secure the compensation they need to recover.
Don’t let insurance companies blame you for an accident that wasn’t your fault. Let us handle the legal complexities so you can focus on healing.
Call FGB Law today at (941) 979-9010 or complete our online form to schedule your free consultation. Your path to recovery begins with us.