Can Pedestrians Be Blamed for Car Accidents?
Car accidents happen every day, and we tend to think of collisions between two vehicles. But accidents happen in a variety of ways, from hitting an object to situations involving pedestrians. So you might wonder, can pedestrians be blamed for car accidents? After all, they have the right of way…right? Figuring out who to blame for a car accident isn’t black and white, and yes, pedestrians can be at fault. Let’s look at how this happens.
When Can Pedestrians be Blamed for Car Accidents?
Generally speaking, Florida is a “no fault” state. But if someone sustains life-altering injuries, or clear laws were broken during a car accident, insurance and legal claims have stronger footing. Pedestrians can be found at fault in accidents that happen because they’ve ignored pedestrian traffic laws. Specific laws say that pedestrians can’t:
- Walk on a limited access roads like highways, freeways or bridges
- Walk on the road when a sidewalk is provided
- Jaywalk (cross in the middle of the street outside of a crosswalk)
- Cross against the traffic signal (red lights or “Do Not Walk” signs)
- Hitchhike (solicit car rides from the side of the road)
- Enter any roadway while intoxicated
Pedestrians who ignore these laws fail to exercise “reasonable care,” meaning they don’t behave with caution and concern relative to vehicle traffic and the rules of the road. In this case, their negligence is the root cause of an accident, and the pedestrian might be found 100% liable for the car accident, vehicular damages and any injuries.
When are Drivers are at Fault in Car Accidents?
Drivers are expected to maintain control of their vehicles, obey traffic laws and be alert on the road. Of course, this doesn’t always happen. Several of scenarios leave drivers at fault in car crashes. Drivers can be to blame in vehicular incidents when they:
- Drive through a red light
- Neglect to stop at a crosswalk or stop sign
- Fail to yield and turn in front of a pedestrian in a crosswalk
- Exceed the prescribed speed limit
Breaking any of these laws puts the weight of any accident on a driver’s shoulders, and they must live with the consequences. However, they usually share accident responsibility with pedestrians, rather than taking 100% blame. That’s because of comparative negligence, where a percentage of fault is assigned to all parties involved in an accident. Here in Florida, comparative negligence is frequently employed, and it means an injured person can receive damages from another party, but the amount will be reduced to account for their own percentage of fault.
Being Blamed for an Accident? Call Florida Car Accident Legal Team
Recovering from a car accident is hard enough physically and financially without having to worry about legal repercussions. If you’re a pedestrian who’s been blamed for a car accident, call us to discuss your options and obligations. We’ll make sure your case is treated fairly and that you get what you deserve.