Unfortunately, pedestrian accidents are not uncommon. Approximately 76,000 pedestrians were injured nationwide during 2012 when they were struck by a car or truck, according to the National Highway Traffic Safety Administration. Pedestrian accidents can occur in a variety of ways and leave victims and families suffering significant physical, financial and emotional damages.
When the negligence of a driver or other party caused the harm the pedestrian accident victim suffered, the negligent party may be liable to compensate the victim for his or her injuries. Victims may be left facing medical bills, an inability to work that results in lost earnings, future medical care costs associated with the harm they have suffered, lost-earning capacity for the future and pain and suffering damages all as a result of the injuries they have suffered in a pedestrian accident.
Drivers have a duty of care on the roadways to be aware of pedestrians. When a driver has carelessly harmed a pedestrian accident victim, the personal injury legal process may hold him or her responsible for compensating the victim for the harm suffered. Drivers must follow the rules of the road and exercise reasonable care for the safety of victims. In Florida, if the pedestrian was also negligent in some way, he or she may still bring a claim for damages which will be reduced according to the percentage of his or her own liability for the accident.
Drivers that may be considered negligent include distracted drivers, drivers who are speeding, drivers who fail to yield the right of way to pedestrians in crosswalks, drivers who disobey traffic signals or signs, drivers who fail to signal while turning, drivers who disregard roadway, traffic or weather conditions, and drivers who are driving under the influence. Whenever a negligent driver has caused or contributed to a pedestrian accident, it is important for pedestrian accident victims to understand their legal rights to better recoup their damages.
Source: Injury.findlaw.com, "Pedestrian Accidents Overview," Accessed, Oct. 4, 2016