Can a Pedestrian Be at Fault for a Car Accident?

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Can a Pedestrian Be at Fault for a Car Accident?

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It goes without saying that no one ever wants to hit a pedestrian. Of course, many Florida pedestrian accidents, like anywhere else, happen abruptly and make people feel a wide range of mixed emotions. Blaming yourself and admitting fault is not the answer. There are some cases where the pedestrian might have caused the accident. If you can prove the pedestrian acted negligently, then you might be able to defend yourself against lawsuits. Talk to a Florida pedestrian accident attorney to learn more.

When Pedestrians Might Be at Fault

Most people do not see pedestrians as at fault for pedestrian accidents, but this can happen. Pedestrians who act recklessly are technically putting others on the road in danger. Hitting a pedestrian may not always place the driver automatically at risk when the pedestrian was acting negligently.

Common examples of negligent pedestrians include things like:

  • Jaywalking, especially at nightCan a Pedestrian Be at Fault for a Car Accident?
  • Ignoring or not following walk signals and traffic signs
  • Deliberately not using crosswalks
  • Texting while walking
  • Walking while using alcohol or drugs

A pedestrian who purposefully runs in front of a driver or ignores walk signals is similar to a driver running a red light. Both of these actions involve breaking traffic laws that are designed to protect people. When these traffic laws are broken, the person breaking them could be considered negligent.

The person who is deemed negligent in a car accident or pedestrian accident is the one who is considered responsible. Since Florida is a no-fault state, both parties are expected to compensate each other through their auto insurance. However, if the injuries you suffered as a driver were severe, you may have a chance to sue.

All you have to do is contact an accident lawyer in Tampa to figure out your options for compensation. You could be compensated for medical bills in addition to pain and suffering.

How to Defend Your Accident Claim

Even if you submit a pedestrian accident claim for compensation, you may not always be fully compensated. Some insurance companies may try to offer you less compensation than you need. When this happens, you need strong evidence to defend your claim.

This evidence might be in the form of:

  • Pictures of your injuries and vehicle damages
  • A police report copy
  • Witness statements
  • Your medical bills
  • Your paystubs showing your lost wages

If the pedestrian sues you, this evidence can be helpful for defending yourself. Talk with a lawyer about what evidence you need to prove pedestrian negligence. You might be able to gain access to the security footage of the pedestrian texting or not following crosswalk laws. The evidence you need depends on how the pedestrian caused the accident.

Tampa Pedestrian Accident Attorney

You might not have to pay for a pedestrian’s injuries if that pedestrian was partially at fault. Call the Rebein Law Firm by dialing (813) 305-7285 to talk to a Tampa accident lawyer for a free consultation today. Our legal team of Sarasota County attorneys is prepared to help you collect evidence for significant compensation. We serve clients in Florida cities like Tampa, Hillsborough, Pinellas, Sarasota, Manatee, Pasco, and Polk County.

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