How Comparative Negligence Can Impact Your Florida Pedestrian Accident Case
According to the NHTSA, 6,516 pedestrians died in traffic crashes, and approximately 55,000 were injured in 2020. If these numbers are correct, it means that one pedestrian was killed every 81 minutes in a traffic crash in 2020 in America. Pedestrians have minimal protection against vehicles. When a pedestrian accident happens, the chances are, if the pedestrian doesn’t die, they will be left with severe injuries.
Fortunately, in Florida, if another driver’s negligence is to blame for a pedestrian accident, the injured pedestrian can recover compensation. Among many others, a pedestrian accident victim can recover compensation for medical expenses, lost wages, loss of future earning capacity, and pain and suffering. However, after an injured pedestrian files a pedestrian accident claim, the driver may be able to minimize their liability by using the defense known as “comparative negligence.”
This article explains how comparative negligence can impact your Florida pedestrian accident case.
What Is Comparative Negligence?
This law allows both the defendant and plaintiff in a personal injury claim to be held liable for damages in a situation where both are to blame for the accident in question. It is a defense that a defendant can use to mitigate their amount of liability.
How Can Comparative Negligence Affect Your Florida Pedestrian Accident Case?
Suppose you were texting while walking or had your headphones on. Or suppose you were jaywalking. The defendant may bring this up to try and minimize their liability. The defendant may also create a false story to try and reduce their liability. For example, they may claim you were distracted walking when in reality you were not.
Other negligent acts a defendant can bring up in your pedestrian accident case include;
- Blocking traffic
- Stopping in the middle of an intersection
- Suddenly leaving a curb
- Running into the path of a vehicle
- Failure to obey a traffic signal
When accused of having played a part in causing your pedestrian accident, you want to have an experienced attorney by your side. An experienced pedestrian accident attorney can help you prove that the defense side is wrongfully accusing you of contributing to your accident. An attorney can help you recover compensation even if you are partially to blame for your accident.
Yes, because Florida follows the comparative negligence rule, a pedestrian accident victim is not automatically barred from recovering compensation from another party just because they are partially to blame for their accident. The comparative negligence rule generally follows the understanding that a claimant does not have the right to recover what they contributed to the accident.
Suppose you and the defendant are both to blame for your pedestrian accident. In such a case, the court will issue percentages of fault. Fortunately, because Florida uses the pure comparative negligence rule, you can still recover compensation even if you are 99% to blame for your accident and injuries. This is different from the modified comparative negligence rule. According to this rule, a claimant may not recover damages if they are 50% or 51% (depending on the State) to blame for their accident and injuries.
If, for example, it is determined that you are 20% to blame for your Florida pedestrian accident, and the value of your damages is $150,000, you will recover up to $120,000, which is 80% of $150,000.
Contributory Negligence Rule
Some states in America follow another rule known as the “contributory negligence rule.” According to this rule, a pedestrian is barred from recovering compensation from another party if they contributed to their accident through their negligence.
Most states in America do not use the contributory negligence rule because this rule can lead to harsh consequences. Imagine not being able to recover compensation because you were 0.01% negligent. Imagine being left to pay for substantial medical bills out-of-pocket because you were 0.01% negligent.
If you were injured in a Florida pedestrian accident because of another driver’s negligence, you deserve to be compensated for your injuries and damages. You deserve to recover compensation even if you are partially to blame for your accident. A qualified Florida pedestrian accident attorney can help you recover the compensation you deserve.
Contact a Fort Myers Pedestrian Accident Attorney
If you’ve suffered injuries in a Florida pedestrian accident because of another driver’s negligence, do not hesitate to contact our Fort Myers pedestrian accident attorneys at The Law Offices of Marc L. Shapiro. Our attorneys are skilled in gathering evidence, researching accident cases, and preparing strong cases. We can help you establish liability and prove that the defendant is wrongfully accusing you of contributing to your pedestrian accident. We can help you recover compensation even if you are partially to blame for your pedestrian accident. Our skilled and dedicated attorneys have secured compensation for countless clients and are ready to do the same for you. Contact us at 239-329-8360 to schedule a free consultation.
Source:
nhtsa.gov/road-safety/pedestrian-safety
