Pedestrian Traffic Accidents
Traffic accidents involving pedestrians tend to have serious consequences for the pedestrian. After being struck by a car or truck, a pedestrian can sustain serious and debilitating injuries, requiring amputations or multiple surgeries; sometimes the victim may even die. If a loved one has been killed in a pedestrian accident and you need an attorney, contact a lawyer at Moody Law. We have multiple locations serving Central Florida and Polk County, including Lakeland, Bartow, Winter Haven, and Haines City. Surviving family members may pursue a wrongful death lawsuit to obtain financial damages to cover funeral costs, loss of companionship, or pain and suffering.
According to Florida law, the driver of a car or truck has a duty to look out for pedestrians and other hazards in the roadway. This means that driver of the vehicle should be able to see the pedestrian in the roadway and react in a timely manner to avoid hitting the pedestrian if he or she is driving appropriately under the circumstances. These circumstances will depend on the visibility, weather, time of day or night, the speed limit or average speed on the road, blind spots, intersections with or without crosswalks, among other factors.
Notwithstanding any of a pedestrian’s duties under Florida law, section 316.130(15) states that every driver of a vehicle shall exercise due care to avoid collision with any pedestrian or human-powered vehicle and must give warning when necessary and exercise proper precaution. This means that the driver of a motor vehicle is in a better position to avoid injury or death to a pedestrian even when the pedestrian may not be observing his or her legal duties. Thus, in a case where a pedestrian is crossing a roadway outside of a crosswalk, the driver of the vehicle must still be paying attention and actively look for dangerous situations in the roadway. Many of us call that defensive driving.
Any pedestrian injured in a car or truck accident should contact a lawyer from Moody Law to discuss the case. Injured victims could be eligible to file a claim and recover financial compensation.
Florida law also directly creates duties for motorists upon seeing a child or obviously confused or incapacitated adult. Upon seeing a child near the roadway, the driver of a vehicle may need to slow down adequately below the speed limit to avoid striking the child. Such moves by the driver in advance of a situation can mean the difference between life and death to the pedestrian, as well as whether the driver gets sued for negligence. However, drivers of motor vehicles will have a defense if the pedestrian darted into the roadway or entered the roadway in a manner that would be unexpected or unanticipated by the reasonably prudent driver.
For your convenience, a pedestrian’s duties are codified in section 316.130, Florida Statutes. Bicycle regulations are codified in section 316.2065, Florida Statutes.
Contact a Central Florida Pedestrian Accident Lawyer
If you or a loved one has been involved in a pedestrian traffic accident, contact an attorney from Moody Law. Based in Central Florida, we serve Lakeland, Winter Haven, Bartow, Haines City, and Tampa Bay. Our legal team can discuss reconstruction of the accident and the competing duties of pedestrian and driver during a free consultation.