In Florida, pedestrians are unfortunately injured while crossing the streets. Some of these Florida pedestrian accidents take place in or near a crosswalk. Other tragic injuries and pedestrian accidents take place when a pedestrian is not using a crosswalk. While a pedestrian should use a crosswalk when accessible, the failure of a pedestrian to use a crosswalk does not mean that legal rights are necessarily waived. Furthermore, a pedestrian, who is injured as a result of the negligence of a driver, can pursue a civil case or claim for damages and compensation even if the pedestrian is hit by a vehicle while the pedestrian fails to use a crosswalk.
When a pedestrian is injured in Florida, it is often times helpful to hire the services of a Florida personal injury lawyer to assist with issues involving insurance, compensation, damages, medical bills, medical treatment, and other matters. A Florida pedestrian personal injury lawyer can also assist the injury victim and family as to the investigation as to the cause, preventability, and fault for the automobile accident / pedestrian accident.
Florida has comparative fault laws in place. In other words, an injury victim can be partially at fault and still be able to collect compensation against a negligent driver for injuries caused by a Florida pedestrian accident. Even if a pedestrian could have or should have used a crosswalk, this does not excuse a driver from an accident caused by negligent driving. Drivers should yield to pedestrians and bicyclists when possible and practical. Just because a crosswalk is not being used does not mean that a driver can speed and / or ignore the presence of a pedestrian or bicyclist in or near the roadway or highway. See also Florida Traffic Laws and Regulations – Frequently Asked Questions.
In Miami, Florida, a tragic pedestrian accident was recently reported.It was reported by the Gainesville Sun and other news outlets that a young boy was killed as he was crossing the street with his family. See P Pedestrians Hit by Car in Miami Florida. The family had been shopping at a local shopping center prior to the pedestrian accident. Since a death resulted from this accident, a full accident investigation will be conducted. It was reported that the family was not using a crosswalk at the time of this incident.
The above case and others still can be pursued by a Florida personal injury attorney. Each case must be evaluated on its own merits and the attorney will consider a number of factors in advising the injury victim and family on a Florida pedestrian accident case.