The fault in a pedestrian accident depends on who acted negligently in accordance with Florida law. Though drivers are most often responsible for these injuries, pedestrians may also share blame if they violate traffic laws, ultimately leading to their injuries. In Florida, the modified comparative negligence law allows injured pedestrians the ability to recover compensation if they are less than 50% responsible for the accident. As such, fault in a pedestrian accident is determined according to which party failed to adhere to traffic laws or demonstrate reasonable care. 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 Florida?

In a pedestrian-driver accident in Panama City, 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.

Common Examples of Driver Negligence

  • Failing to yield to pedestrians in marked or unparked crosswalks
  • Running red lights or stop signs at intersections
  • Speeding in heavy pedestrian areas, like school zones or downtown shopping districts
  • Distracted driving
  • Failure to check blind sports when turning, reversing, or parking
  • Driving under the influence of alcohol or drugs

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.

Ways in Which Pedestrians May Share Blame

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

Who Is at Fault in a Pedestrian Accident Under Florida Law?

In Panama City and throughout Florida, courts determine fault in pedestrian accidents using the state’s comparative modified negligence system. 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.

Key Rules Under Florida Law

  • You can recover compensation if you are 50% or less at fault for the incident
  • Your compensation will be reduced by the percentage of fault you are determined to have contributed
  • If you are more than 50% liable for the accident, you will be unable to recover damages

What Evidence Can Help Determine Fault in a Panama City Pedestrian Accident?

Determining fault in Florida depends on the strength of the evidence available in your case. Building a strong legal claim requires strong documentation to help determine how the accident occurred and who is ultimately negligent for the damages you have suffered.

Important Evidence to Collect

  • Photos and videos of the accident scene, including:
    • Damage to the vehicle
    • Your visible injuries
    • Crosswalks and visible signage
  • Police reports that document the officer’s findings
  • Medical records connecting your injuries directly to the accident
  • Eyewitness testimony

What Should I Do if I’m Partially Responsible in Florida?

If you believe you are partially responsible for a pedestrian accident in Panama City, it’s imperative to take the necessary steps to protect your legal rights. In accordance with Florida’s comparative negligence laws, you are generally still eligible to recover compensation for the damages, so long as you are not more than 50% responsible for the damages.

Steps to Take if You Share Fault

  • Seek medical attention to document injuries and establish a timeline for damages
  • Do not admit fault at the scene of the accident or in conversations with insurance adjusters
  • Take photos and videos of the accident scene
  • Gather the contact information of witnesses who can corroborate your claims
  • Obtain a copy of the police report from the collision
  • Seek the guidance of an experienced Panama City personal injury attorney

Contact an Experienced Panama City Personal Injury Attorney

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 time. Contact us today to learn how we can assist you.