In many pedestrian accident cases, the drivers are responsible for the accident, but sometimes, the pedestrians are to blame. When you have been injured in an accident as a pedestrian, it is crucial to understand your available legal options. Determining liability in Sarasota pedestrian accident cases can be difficult, so working with an experienced pedestrian accident attorney who can advocate for you is prudent.
As a tenacious lawyer at Dannheisser Injury Law can explain, understanding who is financially responsible for the injuries depends on who is legally responsible. Having some legal responsibility does not keep a pedestrian from recovering since Florida is a modified comparative negligence state. Our team could perform a detailed investigation and examine a case’s facts to see if you have a viable claim.
Because drivers are always responsible for watching for people in the roadway and avoiding accidents in Sarasota, they are almost always liable for pedestrian accidents. However, they are not strictly liable for accidents involving pedestrians. The law recognizes that people on foot can engage in some behaviors that make accidents unavoidable and can share responsibility with the driver or be fully responsible for it.
The first step in determining whether a driver is fully or partially responsible for an accident is to examine the driver’s actions. For instance, some driver behaviors, like distracted driving, drunk driving, and drowsy driving, can lead to increased stopping distances and longer reaction times. Additionally, if a motorist is driving too fast and a pedestrian enters the roadway, they may not be able to stop in time. Those behaviors can keep people from noticing a hazard and responding.
If a driver engages in negligent behavior, they will share liability for the accident. The percentage of responsibility the court thinks they have will depend on analyzing the facts.
State law gives pedestrians the right of way in a few circumstances. However, the right of way does not determine whether the pedestrian was at fault. For instance, unlike other states, jaywalking is not illegal in Florida, so a pedestrian could legally be in the roadway but still be negligent. When a pedestrian has the right of way, is legally in the roadway, and is not breaking any laws, they will not share any responsibility for an accident.
The age of the pedestrian may also matter. Children running into the street may not be held liable in Sarasota, while adults would be liable in the same scenario. The court may also examine related factors like the type of street. A driver in a residential area may have a more significant duty to look out for children than a driver in an industrial area.
Pedestrian accidents can be extremely high risk for the people who have been hurt in them, as they often sustain serious injuries. Recovery can be lengthy, expensive, and excruciating. Therefore, having a diligent legal advocate on your side through this process can make a huge difference to your case outcome.
Determining who has liability in Sarasota pedestrian accident cases can help injured people get compensation and justice, and our legal team can assist you. Schedule a consultation with the experienced lawyers at Dannheiser Injury Law to learn more about your options.
