Getting hit by a car is one of the scariest experiences a person can go through. Beyond the shock and injuries, victims often feel confused about what happens next. The first question most people ask is: Who is at fault if a car hits a pedestrian?
In Florida, determining liability depends on how the accident happened and who acted carelessly. The following blog explores what you should know about these circumstances and why it is in your best interest to connect with a Wesley Chapel, FL personal injury lawyer if you are the victim of a pedestrian accident.
How Does a Pedestrian Accident Happen?
Pedestrian accidents occur when a vehicle collides with someone walking. Generally, these accidents most commonly occur at intersections and parking lots, places where both drivers and walkers share space.
Florida law gives pedestrians the right-of-way in most situations, and drivers are expected to stay alert and cautious. Common causes of collisions include speeding, distracted driving, failure to yield, or ignoring crosswalk signals.
However, pedestrians can sometimes share responsibility. Stepping into traffic outside a crosswalk, ignoring traffic lights, or darting into the street when a vehicle cannot safely stop may make a pedestrian partially liable. These situations are why Florida follows comparative negligence laws, meaning both parties can share fault depending on their actions.
How Is Liability Determined?
When a car hits a pedestrian, police will investigate the scene to understand what happened. They’ll interview the driver and pedestrian, speak to witnesses, and examine physical evidence such as skid marks, traffic signals, and surveillance footage. Police reports play an important role in helping insurers and attorneys determine fault.
Insurance companies then conduct their own review. They consider the police report, photos, witness statements, and any available video evidence.
For example, if a camera shows a driver speeding through a crosswalk, liability likely falls on the driver. If the footage shows a pedestrian running into traffic unexpectedly, some fault may shift to them. The details matter, and gathering strong evidence early can protect your rights.
What Happens After the Accident
After a pedestrian accident, injuries are often severe. Victims may face broken bones, spinal injuries, or lifelong disabilities. Medical expenses, lost wages, and pain and suffering can add up quickly.
That’s why working with an attorney familiar with Florida’s pedestrian and personal injury laws is vital. A lawyer can communicate with insurers, collect evidence, and negotiate for the compensation you deserve while you focus on recovery.
Even if you believe you may share some responsibility, you should still speak with a lawyer. Under Florida’s comparative negligence rule, you can recover damages as long as you are not primarily at fault. The percentage of fault assigned to you simply reduces your final compensation amount.
If you were injured in a car-versus-pedestrian accident, our team is here to help. With over 30 years of experience handling personal injury claims across Florida, The Law Offices of Matthew J. Jowanna, P.A. can guide you through every step of the legal process.
Contact us today to schedule a consultation and learn your rights after a car hits a pedestrian.