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Is a driver always at fault in a pedestrian accident?

On Behalf of | Dec 10, 2021 | Personal Injury Law |

Most pedestrians who get hit by a car suffer severe injuries that change their lives forever. In contrast, car drivers may only suffer mild injuries. However, that doesn’t mean that a driver always has to compensate the pedestrian after an accident. It all depends on the severity of the collision and on who acted negligently.

Pedestrian accidents in Florida

A pedestrian is at a disadvantage when a vehicle slams into them, but that does not mean drivers have to always compensate them. If the pedestrian’s injuries are mild, their own insurance may pay for their losses because Florida is a no-fault state. However, things are different if the injuries are severe or if the pedestrian is under or uninsured.

The driver’s fault

A pedestrian can ask the driver at fault for compensation when their injuries are severe and their insurance is not enough to cover all the expenses and damages that the accident caused them. The same applies to pedestrians who don’t own a car or have insurance.

For the legal claim to be successful, the pedestrian must prove that the driver did something negligent and that their negligence led to the accident. For example, if the driver hit them for driving under the influence or breaking traffic laws. If the pedestrian wins the suit, the court will order the driver to compensate them for their medical expenses, lost wages and suffering.

The pedestrian’s fault

In some cases, the court doesn’t order the driver to compensate the pedestrian. This happens when the pedestrian is at fault for the accident. If a pedestrian did not respect the traffic signs or darted out into traffic, the court won’t award the pedestrian with damages. The judge may also reduce the amount of compensation they deserve if they find they were partly at fault for the accident but not mainly responsible.

Fighting back

Injured pedestrians have the right to file a legal claim if a driver’s irresponsibility caused their injuries. The driver or their insurer will likely deny the claim and blame the accident on the pedestrian. Because of this, injured pedestrians should seek legal representation when making a legal claim.