What are the Legal Rights of Injured Pedestrians in Florida? Crossing a Street and Crossing a Crosswalk

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The tragedy of a child being injured or killed is one that cannot be overlooked and impacts communities on a large scale. All around the country, especially in major cities, there are many busy roads filled with pedestrians, including children, and vehicles being driven by distracted drivers. Adult pedestrians and children alike often need to cross the street in order to arrive at their desired destination, and while many use the nearest crosswalk, sometimes circumstances arise (either because there is not one present or it is far out of the way for the pedestrian, to name a couple) which result in the individual crossing the street where there is not a designated crosswalk. This can also be the case, if not more so the case, in smaller cities or residential areas where children are present. This is common because children may feel more comfortable or safer crossing the street without a crosswalk in their own neighborhood, whether it is because of lack of traffic or simply just level of comfort around their residence. When a pedestrian is injured in a crosswalk or in another part of the street due to the negligence or inattention of a driver, there is a ripple effect through the family, neighborhood, and the community. Certainly, crosswalks serve a purpose in delineating the area, warning motorists, and providing a seemingly safe passage across the street; however, the fact remains that all drivers should be watchful of pedestrians especially those who are children and often lack safety awareness and at times common sense.

Based in Jacksonville, Florida, David Wolf, a partner with the law firm of Wood, Atter & Wolf, P.A., is a child injury attorney who handles automobile accidents, bicycle accidents, trucking accidents, and, yes, pedestrian accidents throughout the State of Florida. The pursuit of a case will depend on a number of legal and practical factors. With over 26 years of experience, David Wolf can provide guidance, advice, and when appropriate legal representation in the aftermath of a pedestrian accident. Contact David Wolf today for a Free Consultation.

Drivers need to pay full attention to the road and their surroundings, slowing down near crosswalks and school zones as well as residential areas, undistracted. The tragedy of a child being hit by a vehicle while crossing the street will leave the family, friends, and community of the child shocked and devastated, to say the least. Just one telephone call, one text message, or one Facebook post (all of which typically have little importance) can result in serious personal injuries and even the death of a pedestrian.

When a child crosses the street where there is not a crosswalk, the parents of the child may become confused about what the proper action is, since their child could be partially at fault. This is why it is important to note that Florida is a comparative fault state, meaning the child or family of a child may pursue legal action regarding wrongful death or personal injury, een if the child may be partially at fault for the incident (not using the crosswalk in this case). It is important to consider the age of the child, as children under the age of 6, under Florida law, cannot be held as negligent or at fault.

David Wolf is author of 11 books including the book titled When the Wheels Stop Spinning – Legal Rights of the Injured Child – What You Need to Know After the Accident. This book covers a number of topics including those related to pedestrian accidents and personal injuries. You can get this book for free at When the Wheels Stop Spinning.