Florida is one of the most dangerous states for pedestrian travelers, so it is important that you exercise a certain amount of caution while you go about your day. If you are struck by a moving vehicle as a pedestrian, there is a good chance you will be seriously injured. Damage caused in a pedestrian accident may be far more severe than other types of car accidents, so it is extremely important you read on to find out whether or not you are entitled to compensation.
What are the most common causes of pedestrian accidents?
There are several causes of pedestrian accidents that may not have anything to do with driver negligence. For example, certain pedestrian accidents are caused by poor road conditions, such as potholes, closed sidewalks, or lack of crosswalks. They may additionally be caused by inclement weather conditions, such as ice, snow, or heavy rain. Obstructed visibility, such as overgrown vegetation or foliage often cause pedestrian accidents as well. However, the key to winning compensation is always proving another party’s negligence. Some examples of negligent driving behavior are:
- Driving under the influence
- Smoking, eating or navigating directions while driving
- Drowsy or fatigued driving
- Failing to comply with traffic lights and signs
- Failure to comply with all rules of the road
- Texting while driving
If you can prove that another motorist was doing any of these things at the time of your accident, then there is a good chance you will be able to recover compensation.
What is comparative fault?
In the state of Florida, both motorists and pedestrians have the “right of way.” This means that both motorists and pedestrians must exercise reasonable caution at all times. Just as drivers must follow the rules of the road, pedestrians must cross streets at walkways, look both ways before crossing, and wait for a safe time to cross. If it is determined that you as a pedestrian contributed to an accident, you may be subject to comparative fault, and will therefore only be able to collect a certain percentage of damages.
How do I prove someone’s negligence?
There are several ways you may prove another motorist’s negligence. One of the best ways to prove negligence is by capturing photographic evidence. If your accident occurred in a city, there is a good chance a security camera caught it on film. Additionally, it is extremely important that you receive medical attention following the accident because a medical professional will provide you with medical documentation regarding the injuries you have sustained. You may then use this information to help prove your claim.
Contact our experienced Florida firm
Cressman Law Firm, P.A. is committed to collecting compensation for personal injury victims in Winter Garden and the surrounding areas. If you have suffered an injury at the hands of a healthcare professional, we are here to ensure you get the compensation you deserve. Contact our firm today.