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Who is at Fault in Florida if a Pedestrian is Hit by a Car?

Determining who caused an accident when a pedestrian or walker is hit by a car may seem easy. In fact, many people believe that the walker has the right of way in every situation and the driver is automatically at fault. To determine the party that caused the accident, you will need to look at the actions of the driver and the walker at the time of the crash.

How the driver may be at-fault for the crash

All car drivers must drive at a safe speed. Therefore, they must have enough time to stop for walkers. However, some drivers may fail to observe this by failing to yield to walkers, speeding through a neighborhood, failing to look for kids playing on the streets and not seeing people walking in a crosswalk or standing on the corner at intersections. Furthermore, they can cause crashes by failing to give bicycles the right of way, failing to recognize special crossing areas that are not at intersections and by drunk driving. In all these scenarios, the driver will be held responsible for hitting the person with their vehicle.

How the walker may be responsible for the crash

When walkers do not have the right of way, they are jaywalking and will be partially or fully responsible for the crash. Jaywalking happens when someone walks in a place, they shouldn’t be walking without being concerned about the approaching traffic. Jaywalking can occur if a person walks outside a crosswalk or crosses in the middle of the street. When a person is involved in a collision because they were jaywalking, they can be at fault because the driver didn’t know that a person might be at that particular location since it is illegal. Walkers can also do illegal or improper activities that make them fully or partially at-fault for the crash. These activities include walking in prohibited areas along causeways, bridges, and other roads, not looking before crossing the road and walking in a crosswalk as the do-not-walk command is flashing. Moreover, when they look at their phones while crossing, enter a highway, roadway or street while drunk or chase after an object that fell on the street without looking to ensure the road is clear, they may be held responsible for the crash.

When both are at-fault

Sometimes, both the driver and walker will be at-fault for the collision. For example, if a person is jaywalking and a driver is speeding and an accident occurs, they will be held responsible. If the driver wasn’t speeding, he or she would have stopped before hitting the walker. On the other hand, if the person was not jaywalking, the collision would not have happened.

Can a pedestrian be compensated after a vehicle crash?

If a person has been hit by a vehicle and the driver is at-fault for the collision, then the person can definitely obtain a settlement. However, the settlement amount will depend on many different factors such as the amount of medical bills, the reduced quality of life, loss of income and loss of consortium. Therefore, you cannot compare different cases and expect the same settlement amount. However, the more severe the injuries are, the more settlement the victim will get. Common injuries include fractures and bruises, scrapes and cuts to arms and legs, traumatic brain injuries and spinal cord injuries.


In conclusion, if you have been injured in a collision while walking caused by a negligent driver, it is very important to hire a pedestrian accident lawyer, especially one at Kogan & DiSalvo in Florida, who can help you get the highest settlement possible and guide you through the legal process of seeking compensation.