Negligence in Pedestrian Accidents

How is fault determined if you were in a pedestrian/vehicle accident? Negligence in pedestrian accidents can be difficult to prove.

Prevent Negligence in Pedestrian Accidents

Both parties have a duty to act as reasonable people. Negligence occurs when one or both parties fail to do what a reasonable person in the same situation would do. To be negligent, you must show that the vehicle operator:

  • Owed a legal duty to the injured person under the circumstances – generally followed the rules of the road
  • Failed to fulfill that legal duty – didn’t follow the rules of the road or was distracted
  • Caused an accident or injury that involved the pedestrian
  • And, as a result, harmed the pedestrian

The pedestrian must also show duty of care, and can be found fully or partially negligent for their own injuries. The court will take the actions of both parties into consideration. If you were the pedestrian, remember that the driver’s insurance company will have a lawyer to look out for their interests. You should definitely have your own lawyer to help you. Brian Hoag’s initial consultation is always free. He will give you his best considered opinion.

If You are in an Accident

The following actions are appropriate in any accident scene. Under Florida law, you must stop and render aid if you have caused an accident.

  • Call 911 immediately if there are injuries. Report even minor accidents to the police.
  • Do not leave the scene before released by the police
  • Do not make statements to anyone about fault!
  • Don’t sign any documents, except for the police or your insurance company
  • Gather information from others involved in the accident, including
    • Driver and passenger names and contact information
    • Vehicle descriptions including make, model, and year
    • Driver’s license numbers
    • License plate numbers
    • Insurance companies and policy numbers
    • Eyewitness names and contact information
    • Accident scene location/address
    • Law officer’s name and badge number
  • Take photos of involved vehicles and accident scene, if it is safe

About Brian Hoag

Hopefully, you will never need the legal services of a Tampa personal injury lawyer. If you do, please give Hoag Law Firm a call or complete your online Free Case Evaluation. A free consultation can help you understand your rights. With honest advice and an experienced attorney at your side, you can recover the largest possible settlement. You can get back to living your life!


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