Pedestrian accidents are some of the most serious injury cases. When someone on foot is hit by a car, the outcome can change their life in an instant. Figuring out who is legally at fault is not always simple.
If you or someone close to you was injured, speaking with a pedestrian accident lawyer in Miami is the most important thing you can do. Attorney Eric Matthew Rubenstein explains how fault is determined and what injured pedestrians should know under Florida law.
Who Is Responsible After a Pedestrian Accident?
In Florida, fault is based on negligence. That means the law looks at who failed to act with reasonable care. Depending on the situation, more than one party could be responsible:
- The driver of the vehicle
- The pedestrian
- A third party, such as a city agency or property owner
Police do not determine legal fault. That decision is based on evidence and must be made by a lawyer or in court.
When the Driver May Be at Fault
Drivers in Florida have a legal duty to stay alert and yield to pedestrians in crosswalks. A driver may be at fault if they:
- Did not stop at a crosswalk
- Were texting or distracted
- Ran a red light or stop sign
- Were under the influence
- Drove too fast or aggressively
Even if a pedestrian is not in a crosswalk, the driver still has a duty to avoid a crash when possible.
When the Pedestrian May Share Fault
Pedestrians must also follow the rules of the road. A pedestrian may be partially at fault if they:
- Crossed outside a crosswalk
- Ignored a signal or walk sign
- Walked into traffic while distracted
- Entered the road in an unsafe way
The outcome depends on the facts. Lighting, road design, and where each person was standing or moving can all affect the case.
Florida’s Modified Comparative Fault Rule
Florida follows a rule called modified comparative fault. If the pedestrian is 50 percent or less at fault, they can still recover compensation. The amount is reduced based on their share of fault.
For example, if someone is awarded $100,000 and found 30 percent at fault, they would receive $70,000.
But if they are found more than 50 percent at fault, they cannot recover anything under Florida law.
Why the Police Report Is Not the Final Word
Police officers try to make the right call at the scene, but their report is not legally binding. Many reports are incomplete or based on limited information. New facts can come out from video footage, witnesses, or expert review.
That is why it is critical to speak with a pedestrian accident lawyer in Miami before making any decisions. A lawyer may find details that change everything.
What a Lawyer Can Do for You
Pedestrian accident cases require more than just filling out forms. A lawyer will:
- Collect and review evidence
- Speak with witnesses
- Analyze video and photos
- Work with medical experts
- Deal with insurance companies
- Fight for the full amount you deserve
At The Law Office of Eric Matthew Rubenstein, every client receives one-on-one support and a clear legal strategy from day one.
When to Call a Pedestrian Accident Lawyer in Miami
If you were hit by a car while walking, you may be entitled to compensation for medical bills, lost income, pain and suffering, and future care. Speak with an attorney before talking to the other party’s insurance company.
Related article: Car Accident in Miami: What to Do Next According to Attorney Eric Rubenstein
Call (877) 829 ERIC or visit our contact page for a free consultation.
You do not pay unless there is a recovery.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Every case is different. Contact an attorney to get advice specific to your situation.
