Who Is At Fault for My Pedestrian Accident?

Unfortunately, the Florida Department of Highway Safety and Motor Vehicles has reported over 2,700 pedestrian accidents in 2023 thus far. Within that total, more than 2,200 individuals have been injured and close to 200 individuals have died. These statistics show just how common pedestrian accidents can be in the state of Florida. Continue reading to learn who is at fault for your accident and how an experienced Tampa pedestrian accident lawyer at Merricks Law Group, P.A. can help you with pursuing legal action.

Who is the possible at-fault party for my pedestrian accident?

Before you proceed any further with legal action, you must confirm that you were not the majority to blame for your pedestrian accident. That is, as a pedestrian, you hold a certain threshold of responsibility. Examples include the following:

• You must not cross an intersection while outside the lines of the designated crosswalk.
• You must not stand outside the designated sidewalk while waiting to cross an intersection.
• You must not cross an intersection before the pedestrian traffic light indicates to do so.
• You must not cross an intersection while listening to loud music, texting, or otherwise while distracted.

So, once you confirm that you fulfilled your responsibility as a pedestrian, you must consider the other parties involved in your accident. For one, the motor vehicle driver may be the at-fault party if they were not observing the rules and regulations of the road (i.e., speeding, running red lights, driving while intoxicated, etc). Also, a construction worker may be the at-fault party if they were not observing the codes for a construction site (i.e., not designating an alternative walkway or waiting area for pedestrians). Or, it is possible that an external factor beyond any party’s control may have been at fault (i.e., faulty traffic signals, malfunctioning car parts, hazardous road conditions, etc).

What should I do once I identify the at-fault party?

Once you figure out who the at-fault party is, you must go forward with filing a personal injury claim against them. In your claim, you will have a burden of proof. Meaning, you will need to provide a sufficient amount of evidence that points to the negligence of the at-fault party. This is critical in proving how much monetary compensation you require to heal from the injuries and damages you incurred from your pedestrian accident. Importantly, there is a deadline for your filing your claim. This statute of limitations is generally two years in the state of Florida. Failure to file during this time will permanently bar you from suing. With all that being said, we recommend that you consult with a skilled Tampa auto accident lawyer at Merricks Law Group, P.A. as soon as possible. Schedule your initial consultation with us today.