PLEASE NOTE: To protect your safety in response to the threats of COVID-19, we are offering our clients the ability to meet with us in person, via telephone, or through video conferencing via Zoom or Electronic Sign up. Please call our office to discuss your options.

Distinctive. Trustworthy. Aggressive.
  1. Home
  2.  – 
  3. Personal Injury
  4.  – Pedestrian fault in a motor vehicle accidents

Pedestrian fault in a motor vehicle accidents

Accidents involving pedestrians have been on the rise in recent years. Florida drivers need to be extra careful to avoid an accident that could injure a pedestrian. 

Some drivers assume that any type of accident with a pedestrian will be the driver’s fault. However, there are some situations that a pedestrian may be to blame for causing an accident. 

Unsafe crossing

Florida law governing pedestrian safety requires people to use reasonable care when crossing. They must stay within crosswalks and avoid walking on either side of it. Also, they need to wait until there is a walk signal. They cannot walk into a crosswalk while a signal is telling them to stop. 

Walking on the side of the road

Pedestrians may now walk along the side of the road when there is an available sidewalk. Not using a sidewalk is an unreasonably unsafe behavior that puts both pedestrians and drivers in danger. 

Distracted Walking

Much like distracted driving, distracted walking can cause serious accidents. People who are looking down at their phones instead of their surroundings can easily walk into harm’s way. 

Fault could preclude a pedestrian from being able to bring a claim against a driver, and it may give a driver who sustained injuries in an accident grounds to bring a claim against a pedestrian. Florida is a no fault insurance state, but pedestrians may be unlikely to have insurance to address the situation if a driver sustains a serious injury in an accident. Pedestrians who are at fault in an accident could be personally liable.