Tampa Pedestrian Accidents

Walking is great exercise, saves your car, and for some people, is their only means of transportation. Unfortunately, walking can be very dangerous. As we discussed previously, 5,376 (632 in Florida) pedestrian deaths and 70,000 (8,000 in Florida) pedestrian injuries occurred in 2015. Florida is the second highest state for pedestrian accidents.

Pedestrian Accidents

Pedestrian/vehicle accidents are generally divided into three types.

  • Parking Lot or Back-Over: These generally occur where cars are backing out of parking spaces and hit a pedestrian.
  • Crosswalk: These occur when a pedestrian is legally within a crosswalk, and a vehicle fails to give right of way.
  • Loss of Control: A driver loses control of their vehicle and hits a pedestrian.

Negligence

Pedestrian/vehicle accidents occur when a pedestrian is struck by a vehicle (including bicycles). Both parties have a duty to act as reasonable people. Negligence occurs when one or both parties fail to act as a reasonable person.

To be negligent, you must show the vehicle operator was:

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

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

Dividing Fault in Pedestrian Accidents

Under Florida law, fault can be divided between the parties. To prove fault, you need a good personal injury attorney at your side.  Fault is not always clear. If you were the pedestrian, remember that the operator’s insurance company will have a lawyer. You should have your own lawyer to help you. You don’t need the frustration of insurance paperwork and legal and medical systems. Brian Hoag is an expert in dealing with insurance companies and the legal system. He can help you from insurance claims to criminal trials. Your initial consolation is always free.

About Brian Hoag

Hopefully, you will never need a Tampa personal injury, but if you do, please give Hoag Law Firm a call at 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. We’ll help you get back to your life.

Posted in Auto Accidents

Recent Posts