What Pedestrians Can Do If a Driver Claims They’re at Fault
Pedestrian accidents are among the most devastating roadway events, leaving victims with serious injuries and overwhelming medical expenses. When a collision occurs, it’s not uncommon for the driver to claim the pedestrian was at fault, perhaps alleging they stepped into traffic unexpectedly or ignored a signal.
Liability isn’t always clear-cut. A St. Lucie Personal Injury Lawyer can share with you what steps need to be taken as you pursue the recovery you deserve.
Could a Pedestrian Share Fault?
Under Florida law, drivers have a duty to exercise reasonable care toward pedestrians. This includes following traffic signals, yielding the right-of-way at crosswalks, and maintaining awareness of people walking near roadways. A driver who is distracted, speeding, or under the influence can easily breach that duty and be held liable for resulting injuries.
For example, if a driver is texting and fails to see a pedestrian in a designated crosswalk, that driver is almost certainly responsible for the crash. Or a motorist turning right at an intersection who fails to check for pedestrians before proceeding may be found negligent for failing to yield.
Florida follows a comparative negligence system, that means that fault can be divided among all parties involved in an accident. If a pedestrian is found to have contributed to the collision, by crossing against a signal or stepping into traffic unexpectedly, they could be assigned a percentage of fault.
So, if a pedestrian crosses mid-block instead of at a marked crosswalk and is struck by a speeding driver, both parties may share blame. If the pedestrian is determined to be 30% at fault and the driver 70% at fault, the pedestrian could still recover 70% of their total damages. This system allows injured individuals to access compensation even if their actions played a role, though their award is reduced according to their percentage of responsibility.
What Can an Injured Walker Do?
If you’ve been struck by a car in Boca Raton and the driver is accusing you of causing the accident, act quickly and strategically. Begin by seeking medical care. Then, report the accident to law enforcement, as the official police report can serve as vital evidence.
Gather any available proof, such as witness statements, photos of the scene, and video footage from nearby businesses or traffic cameras. These details can help establish the driver’s negligence and counter unfounded claims that you were at fault.
Finally, consult an experienced St. Lucie Personal Injury Lawyer. An attorney can investigate the collision, work with experts to reconstruct what happened, and negotiate with insurance companies that may try to minimize your compensation. If necessary, they can represent you in court to ensure your side of the story is heard.
Was it a surprise to you when a driver pushed back on their responsibility? Even when a Port St. Lucie, Fort Pierce, Stuart, or Vero Beach driver scoffs at being held accountable, there is a path to justice. Florida’s laws recognize that both motorists and pedestrians have obligations to share the road safely. By working with the attorneys at Leifer & Ramirez you can challenge unfair fault claims. Call 561-660-9421 today.
