• Home
  • Attorney Profile
  • Personal Injury
    • Auto Accidents
    • Bicycle Accidents
    • Boating Accidents
    • Dog Bites
    • Golf Cart Accidents
    • Negligent Security
    • Premises Liability
    • Slip & Fall Accidents
    • Wrongful Death
  • Auto Accidents
    • Distracted Driving Accidents
    • Drunk Driving Accidents
    • Jackknifing Accidents
    • Motorcycle Accidents
    • Passenger Auto Accidents
    • Pedestrian Accidents
    • Truck Accidents
    • Uber & Lyft Accidents
    • Uninsured Motorists
  • FAQ
  • Our Blog
  • Contact Us
  • Call Today
  • Email Us
  • Our Map
    • Attorney Ryan Kuhl
    • 239.309.7550
    • Home
    • Attorney Profile
    • Personal Injury
      • Auto Accidents
      • Bicycle Accidents
      • Boating Accidents
      • Dog Bites
      • Golf Cart Accidents
      • Negligent Security
      • Premises Liability
      • Slip & Fall Accidents
      • Wrongful Death
    • Auto Accidents
      • Distracted Driving Accidents
      • Drunk Driving Accidents
      • Jackknifing Accidents
      • Motorcycle Accidents
      • Passenger Auto Accidents
      • Pedestrian Accidents
      • Truck Accidents
      • Uber & Lyft Accidents
      • Uninsured Motorists
    • FAQ
    • Our Blog
    • Contact Us
239.309.7550
Attorney Ryan Kuhl
Free Case Review
239.309.7550
Home > Blog > 2015 > September > Pedestrian Accidents: Who Can Be Held Responsible?
Sep 2, 2015

Pedestrian Accidents: Who Can Be Held Responsible?

Posted By Attorney Ryan Kuhl

Walking, running and jogging are great ways for individuals to enjoy fresh air and get some exercise at the same time. Adults and children alike use area walkways, sidewalks and streets to get from one place to another; however, traveling by foot can prove to be quite dangerous, particularly since pedestrians share the area with bikes, trucks, cars and other types of vehicles.

Sadly, it is not uncommon to hear of pedestrian accidents in Florida and elsewhere throughout the country. When such incidents occur, the results are often devastating, especially for the pedestrian who, in essence, has no barrier between him or her and the ground and/or a vehicle.

As concerning as pedestrian accidents are for victims and their families, though, it is important for individuals to know that pedestrians have rights under Florida law, and a skilled Naples accident attorney can help you preserve those rights.

Understanding the Laws Pertaining to Pedestrians

In Florida, just anybody on foot can be considered a pedestrian. However, under the law, the individual must be in motion or moving in some way. For example, an individual who is on the side of the road working on his or her automobile will not be considered a pedestrian. Additionally, you should note that cyclists are sometimes considered pedestrians for purposes of Florida’s no-fault law.

The laws contain specific requirements with respect to right of ways, crosswalks, sidewalks and even hitchhiking. In general, motorists and pedestrians in Florida have a right to use all public roadways, and drivers and pedestrians are expected and required to use reasonable care when driving and walking.

Accident victims should be aware that drivers will not always be held completely responsible for damages sustained in all pedestrian accidents. Still, the law is clear with respect to the right of way for pedestrians, which clearly states that “every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle and give warning when necessary and exercise proper precaution upon observing any child or any obviously confused or incapacitated person.”

Who Can Be Held Responsible for a Pedestrian Accident?

Under state law, in order for the operator and/or owner of an automobile to be held legally responsible for hitting an individual, the pedestrian must demonstrate the driver was in some way negligent at the time of the collision. Simply stated, a pedestrian seeking to hold the driver responsible for injuries and damages incurred will have to prove the driver was at fault. If the driver can show he or she used reasonable care when operating the automobile, it is possible the driver will not be made to pay for the pedestrian’s damages.

Nevertheless, drivers owe pedestrians a duty of care, especially if the driver notices that the pedestrian is not being as careful as he or she should be at the time. Drivers are expected to make every effort to avoid an accident with a pedestrian. For example, if a driver notices an individual jaywalking or otherwise crossing an intersection illegally, the driver should take precautions to avoid an accident, even though the driver has the right of way.

No two pedestrian accidents are the same and each incident will have its own set of unique facts and circumstances that must be examined and analyzed by a knowledgeable attorney. If you or someone you love was involved in an accident as a pedestrian, contact Attorney Ryan Kuhl.

Previous Next

Recent Posts

  • Should You Use a Seat Belt While Pregnant?
  • What's My Auto Accident Case Worth?
  • Who Pays for My Medical Bills If I've Been Injured in an Accident?
  • Driving While Drowsy: Why Auto Accidents Occur
  • Slip and Fall Accidents: Get Answers to Frequently-Asked Questions
  • Dog Bite FAQs
  • Common Truck Accident FAQs
  • Trip and Fall Accidents: Determining Damages and Evaluating Your Case

Archives

  • 2017 (3)
    • May (1)
    • February (1)
    • January (1)
  • 2016 (12)
    • July (2)
    • May (2)
    • April (2)
    • March (2)
    • February (2)
    • January (2)
  • 2015 (21)
    • December (4)
    • November (4)
    • October (4)
    • September (4)
    • August (4)
    • April (1)

Contact Attorney Ryan Kuhl Today!

(239) 309-7550

1100 Fifth Avenue South, Suite 307, Naples, FL 34102
Attorney Ryan Kuhl

Helpful Links Site Map | Privacy Policy

  • Ryan C. Kuhl
  • Auto Accidents
  • Personal Injury
  • FAQ
  • Our Videos
  • Free Case Review
1100 Fifth Avenue South,
Suite 307,
Naples, FL 34102 |  View Map [+]
http://www.kuhllawfirm.com/
Site Map | Privacy Policy
Internet Marketing Experts The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
© All Rights Reserved.
Powered by Scorpion