As the pedestrian in a pedestrian-driver accident, you may have been left with more serious injuries and damages. However, this does not necessarily mean that the driver acted more negligently and thereby should be held more accountable. It may be tough for you to admit, but after replaying the moments leading up to your ultimate collision, you may accept partial responsibility. With all that being said, please read on to discover who is at fault for your accident and how a seasoned Panama City pedestrian accident attorney at Manuel & Thompson, PA, can help determine your legal options after hearing your case.

When is a driver at fault for a pedestrian accident?

In a pedestrian-driver accident, there is a high probability that the driver was operating their vehicle recklessly in some way leading up to it. The obvious may be that a driver failed to come to a complete stop at a stop sign or a red light when a pedestrian had the go-ahead to walk the designated crosswalk.

But also, they may have failed to yield and signal their intention to turn, leaving a pedestrian with the false sense of safety to begin crossing the street. Of note, such an accident may even take place in a parking lot or garage. This is if a driver fails to check their surroundings before backing out of a parking spot or yielding before making a tight turn with large blind spots.

When is a pedestrian to blame for their accident?

In the same way drivers are held to the rules of the road, pedestrians must also observe certain safety laws. Therefore, a failure to comply usually leads to an accident. More specific examples read as follows:

  • A pedestrian may cross a busy intersection outside the designated crosswalk (i.e., jaywalking).
  • A pedestrian may stand outside the designated waiting area when holding off to cross.
  • A pedestrian may walk alongside the road rather than on the designated sidewalk.
  • A pedestrian may ignore the pedestrian traffic signal that dictates they stop.
  • A pedestrian may cross the street while distracted by texting, music, etc.

What should I do if I’m partially responsible?

Even as a pedestrian partially responsible for your accident, you should not shy away from your opportunity to sue the negligent driver. This is so long as you know you can prove that the driver was the majority to blame, per Florida’s modified comparative negligence law.

For example, say a driver was speeding when making a sharp turn and struck you. But also, say that you were standing on the road instead of the designated pedestrian waiting area. Hypothetically, the court may assign 60 percent at fault to the driver and 40 percent to you. This means that you may be ordered to recover 60 percent of your claimed damages.

In conclusion, if you find yourself up against this, please do not go through it alone. Instead, pick up the phone and speak with one of the competent Panama City personal injury attorneys. Our team at Manuel & Thompson, PA, wishes to aid you during this difficult point in time.