Pedestrian accidents occur all too often and they are quite dangerous. As compared to a car, a pedestrian does not have nearly as much weight and they have little to no protection. It is for these reasons that pedestrians have the right of way.
If you are a pedestrian that has been injured in a crosswalk accident, you deserve compensation for your damages. Just Call Moe, Orlando’s car accident attorney to see you get the compensation you deserve.
Who Is At Fault for a Pedestrian Accident?
It is very important to identify at the at-fault party in a pedestrian accident. This will help you know who to go after for compensation.
In most pedestrian accidents, a fault will be easy to establish. Often cars will hit pedestrians due to a driver’s negligence. They may be drinking and driving, or they may have been driving distracted. These are common reasons why drivers may not see pedestrians and end up hitting them.
It is up to the pedestrian to establish the following to prove that the driver was guilty of negligent behavior.
- There was a duty owed to him or her by the defendant driver
- There was a breach in the driver’s duty
- There was factual causation (this means that the accident wouldn’t have happened if it wasn’t for the driver’s negligence)
- Actual damages occurred as a result of the driver’s negligent behavior
In other cases, it could be debris in the road that caused the accident, or a car part may have malfunctioned. If there was debris in the road, the city or a construction company may be at fault. If the accident was caused by faulty equipment, the car manufacturer or mechanic may be to blame.
In some instances, the pedestrian may be at least partially to blame. If they crossed against the light or were involved in any other type of unsafe activity, they may responsible for their own injuries.
Florida is a comparative negligence state. This means that, if a person is found to be responsible for an accident, the damages they are eligible to receive will be reduced by the percentage they are to blame.
For instance, if a pedestrian is injured in an accident and it’s found that they were 10% responsible for the accident, the total damages they will be due to collect will be reduced by 10%. So, if total damages are $100,000, they will only be eligible to collect $90,000.
Finding the Right Lawyer for Your Pedestrian Accident
If you have been injured in a pedestrian accident, it’s essential to have a reliable personal injury lawyer on your side. Pedestrian accidents can be quite serious in nature and a good lawyer will see to it that you get the compensation you deserve.
Moe DeWitt has over two decades of experience in the field of Florida car accident law. They take a unique approach with each of their cases working out a customized strategy that ensures their chances of achieving a winning result. They treat each of their clients with care and compassion and will fight relentlessly to see to it that justice is done.
If you were involved in a pedestrian accident, Moe DeWitt will make sure your damages are covered. Call them to get the closure you need and the compensation you deserve.