Pedestrian Accidents – Duty of Care

Pedestrian/vehicle accidents are, unfortunately, fairly frequent in Florida. Florida law requires that both the actions of the driver and the pedestrian be taken into account when deciding negligence. Both parties must follow the rules of the road and must exercise reasonable care. If you have been in pedestrian accidents, contact a personal injury lawyer. Fault is not always clear and a good lawyer like Brian Hoag can help you.

Pedestrian Accidents and Reasonable Care

Reasonable care means that each person must take the same care as a “reasonable” person. A reasonable person, as defined by law, is an ideal. This ideal considers how a typical person acting with general good sense acts in particular circumstances.  When driving or walking, this includes following the rules of the road.

Duty of Care

Drivers (including bicycle riders) must act with duty of care. If the accident occurred because of one of the flowing situations, the driver can be considered negligent.

  • Distracted driving (texting, talking on the phone, etc.)
  • Speeding
  • Failing to yield the right of way at crosswalks
  • Disobeying traffic signs or signals
  • Failing to signal while turning
  • Disregarding weather or traffic conditions
  • Driving under the influence of drugs or alcohol

Drivers have a particular duty of care when around children. Because children are less visible or act unpredictably, drivers must take greater care around schools, parks, residential areas or in other places children are present.

Pedestrians also have a duty of care. These include following the rules of the road and being aware of dangerous conditions, for instance, crossing an interstate. A pedestrian can be considered negligent if they contributed to the accident.

Pedestrian negligence commonly includes:

  • Ignoring “walk” signals at intersections
  • Causing a disruption by entering traffic, including darting in front of a vehicle
  • Not using marked crosswalks
  • Jaywalking

Determining fault can be difficult. It helps to have someone on your side who can recreate the accident scene, interview witnesses, and clearly explain the case. If you have been in a pedestrian accident in the Tampa area, contact Brian Hoag. The initial consultation is always free.

About Brian Hoag

Hopefully, you will never be in a position in which you 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. It will feel great to get back to living your life.


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