Three Pedestrians Killed In One Week: Who Can Be Held Liable For Jacksonville Pedestrian Accidents?
Pedestrian accidents tend to lead to severe injury, even death. This stems from the lack of protection that pedestrians have when they’re faced with the impact of a car. Recent accounts of three pedestrian deaths in one week in Jacksonville have raised concerns about road safety and the duties of the driver, property owner, and even government bodies. Depending on the specific incident, the victim of a pedestrian accident could be entitled to damages.
Driver negligence is a common cause of pedestrian accidents
Many pedestrian accidents happen due to the negligence of the driver. Drivers of vehicles are expected to exercise reasonable care when operating those vehicles. Examples of negligent driving include:
- Driving at a fast speed in neighborhoods or in business districts
- Not yielding at intersections that have crosswalks
- Distracted driving, such as texting while driving
- Driving under the influence of alcohol or drugs
- Disregarding traffic lights or stop signs
In Florida, drivers are obligated to be careful and drive cautiously around pedestrians. Even if the pedestrian was not using the crosswalk, the driver is expected to take reasonable care to prevent an accident.
Can someone other than the driver be held liable?
While the driver is typically the primary party at fault, other parties may be liable depending on the case.
For instance, the owner of a business can be held liable for failing to properly maintain obstacles that hinder visibility at the entrance to the parking lot. A construction firm can be liable when unsafe walkways are created during instruction without putting up proper barriers and signs.
Sometimes, a government body can be held liable when unsafe road conditions cause the accident. This includes missing crosswalk lines, defective traffic lights, poor road lighting, and poor road design, among others.
Understanding comparative negligence in Florida
Not all pedestrian accidents occur in a manner in which the other party is solely responsible for the incident. The pedestrian can receive a citation for not using crosswalks, walking in a distracted manner, or suddenly running out into the street.
The State of Florida uses a modified comparative negligence system that makes the victim’s settlement decrease in proportion to their share of fault for the accident. However, determining who was at fault is complicated in most cases, and insurance companies tend to assign fault unfairly to the injured pedestrian.
Evidence can make a significant difference
Evidence is critical for the outcome of a pedestrian injury case. Evidence that might be considered includes:
- Surveillance footage or camera video of traffic
- Eyewitness testimony
- Police report of the crash
- Photos of the crash scene
- Vehicle damage
- Cell phone records for proof of distraction by the driver
- Reconstruction of the accident
It is vital to start collecting evidence immediately because surveillance footage and witness recollection may fade very fast.
Talk to a Jacksonville, FL, Pedestrian Accident Attorney Today
Gillette Law represents the interests of pedestrians who have been injured in traffic accidents. Call our Jacksonville personal injury lawyers today to schedule an appointment, and we can begin investigating your case right away.
