It is commonly assumed that motor vehicle drivers are to blame for a pedestrian accident. But while pedestrians may be placed in a vulnerable position on Florida roads, they may be equally, or even majorly, at fault for the event. This fact may stop you in your tracks if you were planning to pursue a personal injury claim against an allegedly negligent motor vehicle driver. Continue reading to learn whether you are partially at fault and how an experienced Panama City pedestrian accident attorney at Manuel & Thompson, PA can help with your claim if you are.

In what ways might I be partially to blame for my pedestrian accident?

It does not matter how significant your injuries and damages are compared to that of a motor vehicle driver after your pedestrian accident. The bottom line is that, to reiterate, you may be partially, equally, or even fully to blame. This applies if you did not fully exercise your duty of care as a pedestrian. More specific examples of this read as follows:

  • You may have crossed the road before the pedestrian traffic signal indicated for you to do so.
  • You may have jaywalked from between two parked cars and into the path of an oncoming motor vehicle driver.
  • You may have been distracted by your mobile device or impaired by drugs or alcohol and thereby did not notice an oncoming motor vehicle driver.
  • You may have been standing outside of the designated pedestrian waiting area before the pedestrian traffic signal indicated for you to cross the road.

What happens to my claim if I am partially at fault for my pedestrian accident?

You must understand that with the state of Florida’s new tort reform comes a new modified comparative negligence system. Under this new system, you may be barred from recovering financial compensation via a personal injury claim if you are found to be more than 50 percent at fault for your accident.

Therefore, in your claim proceedings, you must do everything in your power to prove that you were only minorly to blame for your pedestrian accident event. Your claim proceedings may even go more smoothly if you can show that this incident was entirely due to no fault of your own. With that being said, it is in your best interest to collect the following pieces of evidence that place blame on an allegedly negligent motor vehicle driver:

  • An audio or video recording of the motor vehicle driver’s admittance of fault at the time of the accident.
  • A photo of the scene of the accident, capturing the direction of traffic and any other external factors that may have contributed to the accident event.
  • A testimony from a traffic safety expert, in which they offer their professional opinion on who is majorly at fault for the accident event.
  • A copy of the police report conducted at the time of the accident, in which a law enforcement officer offers their expert opinion on who is majorly at fault.

Whenever you are ready, a skilled Panama City auto accident attorney is here to provide legal assistance. So please schedule your initial consultation with Manuel & Thompson, PA today.