Pedestrians In Florida Road Accidents
Florida’s beautiful weather means that most of the time, there are more pedestrians on the state’s roads than there might be in other places. However, with more pedestrians unfortunately comes more pedestrian accidents. Sometimes a pedestrian-involved accident is straightforward, but sometimes it can be difficult to determine what happened, and who owed a duty to whom. If you have been injured in this type of crash, it is important to understand the little details before moving forward.
What Is A Pedestrian?
One issue that can appear in this type of case is the question of whether or not a person can be described as a pedestrian. The average person would only think of those who were walking or running, and under Florida law, a pedestrian is defined as anyone who is “afoot.” While this seems to establish pedestrians as able-bodied people, it is important to keep in mind that people using wheelchairs or other mobility aids are also considered pedestrians for legal purposes. This is also true of those who are rollerskating or using a skateboard.
A bicyclist, however, is not considered a pedestrian because bicyclists are generally required to ride on the road, while pedestrians must stay on the sidewalk (or the side of the road if no sidewalk is present). Florida has very specific rules and regulations that pedestrians must obey while on the road, while bicyclists have their own set of guidelines to obey in order to be lawfully operating their vehicle.
Pedestrians At Fault?
Another factor to keep in mind if you have been through this type of crash is that pedestrians can be held liable for the harm caused in an accident. Because of their size and speed, it can be tempting to always assign blame to the driver of the car or struck involved in the accident, but it is more than possible – even sometimes likely – that the pedestrian was negligent and played a major role in causing their own injuries.
It is important to keep in mind as well that Florida recently altered its comparative fault rule, changing it so that any plaintiff found more than 50 percent liable cannot recover monetarily. In other words, if a plaintiff is found to be mostly liable for their own injuries, they cannot get any damages, even though others may be as much as 49 percent responsible for the harm they suffered. This can be a serious issue for a pedestrian, given how much less protection from injury they have, compared to the driver or passengers in a car.
Contact An Orlando Pedestrian Accident Attorney
Pedestrian accidents can lead to life-changing injuries for the victim, and it is important to properly understand the situation – and the stakes – before filing suit. An Orlando pedestrian accident attorney from the Hornsby Law Group can help answer questions and manage concerns while you focus on physical recovery. Call our office today to schedule a consultation.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.003.html
