Can a Florida Keys Pedestrian Accident Victim Still Make a Claim When Crossing the Street Without a Crosswalk?
Were you involved in a Florida Keys pedestrian accident? Unfortunately, these types of accidents have become too common in the Sunshine State.
Over 10,000 pedestrian accidents take place in Florida annually. They cause more than 8,000 injuries and cost Floridians millions of dollars in medical bills, lost wages, and other expenses.
Filing a pedestrian accident lawsuit after being hit by a car can help you recover damages. But can you make a legal claim if you were crossing the street without a crosswalk when you were struck? Let’s find out.
Can You File a Claim If You Were Crossing the Street Without a Crosswalk During a Pedestrian Accident?
Since so many pedestrian accidents happen every year, Florida takes pedestrian safety seriously. Traffic laws require drivers to yield to pedestrians legally crossing streets in crosswalks. The state encourages crosswalk safety to prevent traffic collisions involving cars and pedestrians in the first place.
If you’re ever hit by a car while in a crosswalk, you may be able to take legal action against the driver who hit you. But did you know the same holds true even if you were hit while crossing a street without a crosswalk?
Florida uses a modified comparative negligence system. This stops anyone who is more than 50% to blame for a pedestrian accident from filing a claim, and it could hurt your case.
Just because you crossed a street without a crosswalk doesn’t automatically mean you’ll assume 100% of the blame for a pedestrian accident. The driver who hit you might very well share in the responsibility for the accident that caused your injuries.
Who Assigns Blame in a Florida Keys Pedestrian Accident Case?
With Florida relying on a modified comparative negligence system, fault determination is extremely important in pedestrian accident cases. You need to know who is in charge of this before deciding whether to proceed with filing a claim.
In Florida, a jury in a personal injury case is often responsible for assigning blame. They will do so after considering the following factors:
- Your statement
- The driver’s statement
- Eye-witness statements
- Photograph and/or video evidence
- Expert witnesses (i.e. human factors expert)
Is a Driver To Blame for a Pedestrian Accident If You Didn’t Cross the Street in a Crosswalk?
You may initially think a jury will blame you for a Florida Keys pedestrian accident if you were hit by a car while crossing the street without a crosswalk. However, a driver might still be partly to blame for an accident like this.
Your pedestrian accident lawyer may argue that a driver was using their phone and forced to swerve to avoid a roadway hazard just before hitting you. This would render the driver partly responsible.
Your personal injury attorney might argue that the injuries caused by the vehicle-pedestrian impact during your accident suggest a driver was speeding when they hit you. This could also highlight a driver’s partial liability.
If your pedestrian accident case turned into a hit-and-run accident when a driver fled the scene, this would factor into a judge’s decision on who is to blame. These are just a few examples, but an experienced pedestrian accident lawyer can explore every possible avenue.
Call Us To Discuss Your Case With a Pedestrian Accident Lawyer in the Florida Keys
Just because you were crossing the street without a crosswalk when you were hit by a car doesn’t mean you can’t file a Florida Keys pedestrian accident case. You might have a stronger case than you realize, and an attorney from Florida Keys Injury can speak with you about it. Contact us at 786-847-7388 to schedule a consultation.
