Understanding the Legal Rights of Pedestrians After an Accident

Summary

• Florida law protects the legal rights of pedestrians to navigate roadways safely.
• Pedestrian accidents commonly occur due to distracted driving, speeding, and other reasons.
• A skilled attorney knows how to investigate a pedestrian accident to determine who was to blame.
• Lawyers can also fight for compensation by negotiating with insurers and taking them to court if needed.

---

Pedestrian accidents unfortunately occur all too often in Florida, leaving victims with devastating injuries and significant legal challenges. Understanding the legal rights of pedestrians after an accident is crucial for obtaining the compensation they deserve. Those whose negligence caused injuries must face accountability.

At Jones Law Group, our personal injury lawyers take every case seriously, no matter the size. We want you to feel like a priority, because to us, you are.

Our team of pedestrian accident attorneys have successfully advocated for injured Floridians for years, earning us the trust of our community. Please schedule a free consultation by contacting us online or calling (727) 571-1333. 

Florida Laws Regarding Pedestrian Accidents

There were 10,255 pedestrian accidents in Florida in 2023, resulting in 777 deaths and 8,108 injuries. Florida law prioritizes pedestrian safety, especially given the high pedestrian accident rates. 

Drivers must yield the right-of-way to pedestrians in marked crosswalks and at intersections with traffic signals. Even when pedestrians disregard safety and cross outside designated crosswalks, drivers must exercise caution and yield to them.

Florida also follows a modified comparative negligence system. In cases where the injured party is partially to blame for an accident, they may still recover compensation. There are two caveats to this. 

First, the plaintiff’s actions can’t represent more than 50% of the negligent behavior that led to the pedestrian accident. Second, a pedestrian who contributed to their own accident can recover compensation, minus a percentage that corresponds with the amount of fault they were responsible for.

Common Causes of Pedestrian Accidents

Pedestrian accidents can occur due to various factors, often involving negligence. Some common causes of pedestrian accidents include:

• Distracted driving: Drivers distracted by their phones, passengers, or other activities may fail to notice pedestrians crossing the road.
• Failure to yield: Motorists who disregard pedestrian right-of-way laws or fail to stop at crosswalks put pedestrians at risk.
• Speeding: Excessive speeding reduces a driver’s ability to react to pedestrians and increases the severity of injuries in the event of a collision.
• Impaired driving: Drivers under the influence of alcohol or drugs are more likely to cause catastrophic accidents involving pedestrians.
• Poor visibility: Lack of adequate lighting, obscured crosswalks, or obstructed sightlines can make it difficult for drivers to see pedestrians.

Investigating Pedestrian Accidents

Experienced attorneys conduct thorough investigations to gather evidence and determine liability in pedestrian accidents. The following are key components of investigations designed to protect the legal rights of pedestrians after an accident.

Interviewing Witnesses and Obtaining Statements

Witness statements provide firsthand accounts of the accident. They can fill in gaps in the evidence by providing additional context like how events leading up to the collision unfolded. 

Witness testimony can corroborate or challenge the accounts provided by the involved parties, helping to establish the facts surrounding the accident and determine liability. 

Reviewing Surveillance Footage or Dashcam Recordings

Surveillance footage or dashcam recordings can provide objective evidence of the accident, capturing the incident from multiple angles and viewpoints. 

This visual evidence can help validate witness statements and clarify discrepancies in the accounts provided by the involved parties. They provide a clearer picture of what transpired leading up to, during, and after the pedestrian accident. 

Surveillance footage can also capture details that eyewitnesses may have missed or overlooked at the accident scene.

Analyzing Police Reports and Accident Reconstructions

Police reports and accident reconstructions provide detailed documentation of the accident scene, including observations made by law enforcement officers, diagrams of the accident scene, measurements of skid marks or vehicle positions, and other pertinent information. 

Analyzing these reports and reconstructions can help investigators piece together the sequence of events leading up to the accident, identify potential contributing factors or causes, and assess the actions of the involved parties. 

Examining Medical Records and Consulting with Medical Experts

Examining medical records and consulting with medical experts are essential to assessing the extent of a pedestrian’s injuries. 

Medical records provide detailed documentation of the injuries suffered by the pedestrian, including diagnoses, treatment plans, and prognoses. 

Consulting with medical experts allows for a thorough evaluation of the injuries, including their severity, long-term implications, and potential impact on the pedestrian’s quality of life. 

This information is crucial for accurately calculating damages and ensuring pedestrians receive appropriate compensation for their injuries.

Other Ways a Personal Injury Lawyer Can Help Protect the Legal Rights of Injured Pedestrians 

In addition to investigating the accident, lawyers play a vital role in helping injured pedestrians obtain maximum compensation. Some ways they can assist include:

• Negotiating with insurance companies: Lawyers negotiate to secure fair settlements that cover economic damages like medical expenses and lost wages.They also account for non-economic losses like pain and suffering.
• Filing pedestrian accident lawsuits: If the insurer refuses to settle, attorneys may file a lawsuit for the injured pedestrian and advocate for their rights in court.
• Advocating for rehabilitation and support services: Accident injury attorneys also help injured pedestrians access necessary medical treatment, rehabilitation services, and support resources to aid their recovery and improve their quality of life.
• Providing legal guidance: Lawyers educate injured pedestrians about their legal rights, guide them through the claims process, and offer support and counsel every step of the way.

Speak With a Jones Law Group Attorney About the Legal Rights of Pedestrians Today

Knowing your rights after a pedestrian accident can help you maintain the integrity of your claim. At Jones Law Group, our personal injury attorneys have a long track record of protecting the legal rights of pedestrians after an accident.

Our team will go the extra mile to help you obtain maximum compensation. Find out what we can do for you by calling (727) 571-1333 or using our online form.

---

Frequently Asked Questions

What are the potential penalties for drivers who fail to yield to pedestrians in Florida?

Drivers who fail to yield to pedestrians in Florida may face penalties such as fines, points on their driving record, and increased insurance rates. In cases involving severe injury or wrongful death, drivers may also face criminal charges.

How can pedestrians protect themselves from accidents?

Pedestrians can protect themselves from accidents by following key safety tips. For example, obeying traffic signals, using designated crosswalks, remaining vigilant of their surroundings, and avoiding distractions such as phones or headphones while walking.

How long will it take for me to receive a check after my pedestrian accident claim is settled?

Typically, you would be looking at a time frame of four to six weeks to receive your settlement payout. The settlement check is usually routed through your personal injury lawyer, who covers outstanding medical bills and recovers their contingency fee first.