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Can a Pedestrian Be at Fault for a Car Accident?
Most people assume that whenever a car hits a pedestrian, it’s always the motorist’s fault. After all, this kind of accident is typically catastrophic for the person who is struck. But while it’s true that drivers are typically to blame, that’s not always the case. Actually, a personal injury case involving a pedestrian hit by a vehicle can often be very complex.
That’s why you need to get in touch with an attorney with The Jones Law Group as soon as you can if you’ve been involved in this kind of accident – whether you were the pedestrian or the driver when the accident occurred. We can help you navigate the complexities, and also work to get you whatever compensation you have coming to you.
Please contact us as soon as possible so we can tell you more about how we may be able to help. You can use our online form, or you can give us a call at 727-571-1333.
Causes of Accidents Involving Pedestrians and Motor Vehicles
The lion’s share of vehicle/pedestrian accidents usually take place because the driver of the vehicle did something wrong. These are just a few of the more common reasons.
Determining Fault in a Car/Pedestrian Accident
The most important component of a lawsuit stemming from a pedestrian accident – or any other personal injury case, for that matter – is finding out who is to blame. But determining fault, as you learned earlier, is often not as cut-and-dried as you might think.
While drivers are responsible for staying alert and obeying all rules of the road, pedestrians have responsibilities as well. These are some of the ways that pedestrians sometimes have to shoulder the blame when they’re struck by a vehicle.
What Happens When the Pedestrian and Driver Share Fault?
Even if a pedestrian is found to be at fault for an accident, the driver of the car will usually share some blame as well. Florida follows the “comparative negligence” rule. This means that if neither party in an accident can be found to be completely to blame, both parties will be found partially responsible.
This has a major bearing on the amount of compensation either party may be able to pursue. For simplicity’s sake, let’s say the pedestrian suffered $10,000 in damages and was found to be 25% to blame for the accident. That 25% would be subtracted from 100%, meaning the pedestrian would only be eligible to receive 75% of their damages. Using the $10,000 example of total damages, the pedestrian would only receive $7,500.
Is Florida a No-Fault State?
There are only 12 states that are no-fault states, and Florida is one of them. What this means for a pedestrian accident is that the victim’s no-fault or personal injury protection (PIP) insurance will pay a percentage of the expenses incurred due to that accident. This includes medical bills, transportation needs, household services and transportation needs, and more.
What if the Driver is Uninsured or Underinsured?
This is a very good question – and a very important one. You might be surprised to learn that nearly 1 in 4 Florida motorists don’t have automobile insurance. Only Oklahoma has a higher percentage of uninsured motorists.
The good news is that if you were hit by a motorist who either has no coverage or limited coverage, your own automobile policy will help. Yes, you can make a claim with your insurer even if you weren’t driving. If the at-fault driver isn’t insured, your own uninsured motorist coverage will cover at least some – if not all – of your medical bills.
Get the Compensation You Deserve For Your Accident
Whether you were the driver or pedestrian involved in the accident, you need to get in touch with an attorney as soon as you can. It will probably be the best chance you’ll have to obtain compensation. If you were the motorist, and the pedestrian’s actions contributed to the accident, you may be able to get money to pay for property damage through the comparative negligence rule.
If, on the other hand, you were the pedestrian, you’ll likely have medical bills that could easily reach into the tens of thousands of dollars – if not even more. An attorney will work on your behalf to negotiate with the insurance companies to help you obtain a fair settlement. If that settlement isn’t forthcoming, your attorney will fight for your rights in court.
Contact an Experienced Accident Attorney As Soon as Possible After Your Accident
Time will be of the essence when hiring a pedestrian accident attorney. Evidence will need to be gathered as quickly as possible in order to strengthen your case. Contact The Jones Law Group as fast as you can to learn more. Contact us online or call 727-571-1333.
About the Author
Bobby Jones is the founder and managing partner at Jones Law Group. He has been practicing law for over 20 years, primarily focusing on personal injury and civil law, commercial and business law, and construction law. He routinely writes and reviews the articles on this blog.
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