When we first learned to drive, it was hammered into our heads that the pedestrian always has the right-of-way. Because of this, when we hear about an accident between a car and a pedestrian, our first instinct is to blame the driver. Perhaps it is due to thinking the pedestrian has the right-of-way, or perhaps it is a twinge of guilt because you know that the car likely fared better in the crash than the pedestrian. The good news for your husband, however, is that pedestrians can be found at fault, as well.

When Can a Pedestrian Be Found at Fault in an Accident?

When insurance companies, law enforcement officials, or even lawyers are looking at a pedestrian accident case, they have their work cut out for them. Florida follows the rules of comparative negligence, which means that both the driver and the pedestrian can be assigned a portion of the blame.

When they consider the role that your husband played, they will investigate whether he was speeding, driving recklessly, distracted in any way, or intoxicated. If he was breaking any traffic laws at the time of the crash, he will likely be assigned some fault in the accident.

While being drunk cannot be used to determine fault alone for the pedestrian, it will likely come into play. Pedestrians are also expected to follow the rules of the road, so if he or she jaywalked, darted into traffic, or walked against a signal, fault may be assigned. If the pedestrian was intoxicated and entered the road, it may be found that they were unfit to do so and fault may also be assigned.

If your husband was doing everything according to the letter of the law, there is a chance that the pedestrian will be found completely at fault. More likely, however, is that fault will be found with both parties, and awards will be determined based on the percentage of fault assigned.

If you still have questions about pinpointing liability in a pedestrian accident, reach out to us by clicking on our live chat feature. We are happy to address your concerns and discuss your case with you, so click on the live chat box now to get started!


Damian Mallard, Esq.
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Board Certified Sarasota Personal Injury Attorney