Ocoee Pedestrian Accident Lawyer
Nearly 500 pedestrians are killed in pedestrian accidents every year in Florida and 7,000 more sustain serious injuries, according to the National Highway Traffic Safety Administration (NHTSA). These accidents are tragic not only because innocent people lose their lives, but also because they are entirely preventable. If you or a loved one has been injured in a pedestrian accident, you deserve compensation for your financial losses, as well as the pain and suffering you endured as a result. An Ocoee pedestrian accident lawyer can help you claim the damages you deserve.
What Rights and Obligations Do Pedestrians Have in Ocoee?
Under Florida’s pedestrian laws, Ocoee residents usually have the right-of-way when they are crossing the street on foot. Even in the event that there are no traffic signals at an intersection, drivers are still expected to stop and allow pedestrians to cross. However, pedestrians are also required to yield to drivers when they cross the street in an area that does not have a marked or unmarked crosswalk. Pedestrians should never dart out in front of vehicles if they do not have time to safely cross the street without the use of a crosswalk.
Are Drivers Always at Fault for a Pedestrian Accident?
Many people incorrectly assume that in Florida, drivers are always at fault for a pedestrian accident. This is not true. Again, both drivers and pedestrians have a legal obligation to each other and must yield the right-of-way to each other when appropriate. To determine which party was at fault for an accident, the facts of the case must be examined. An Ocoee pedestrian accident lawyer will often use certain resources, such as an accident reconstruction expert, to determine what caused the accident and who was at fault for the crash.
Comparative Negligence in Pedestrian Accident Cases
It is not uncommon for multiple parties to be at fault for a pedestrian accident. For example, a pedestrian may dart out in front of a speeding car in an area without a crosswalk and become hit. In this case, both parties may be found at fault. The pedestrian could be at fault for not yielding to the vehicle. On the other hand, the driver could also be found at fault for speeding, and if they had not been, the pedestrian may have had time to safely cross the street.
Any time more than one party is at fault for an accident, the comparative negligence law in Florida will apply. Florida follows a pure comparative negligence model of the law, which means accident victims can file a claim against a negligent party even if they were 99 percent to blame for the crash. However, any damages they are awarded are reduced by their same percentage of fault. If the pedestrian in the above example was found 20 percent at fault, their damages would then be reduced by 20 percent.
Do Not Hesitate to Call Our Pedestrian Accident Lawyer in Ocoee
If you or a loved one has been hurt in a crash, our Ocoee pedestrian accident lawyer at Goldman Law, P.A., can help you obtain the full compensation you deserve.