The sunny, warm Florida weather welcomes pedestrians to walk to their desired destinations. However, a projected 3,441 victims were killed in pedestrian accidents in 2021, with Florida contributing to 37% of all pedestrian deaths in the US. Higher speeds increase the likelihood of a pedestrian being hit by a vehicle and the injury severity. A motorist is legally obligated to yield the right-of-way if a pedestrian uses a crosswalk. If a motorist fails to stop or use duty of care, they may be held liable for injuries and accident-related losses.
Attorney Frank P. Marsalisi of Marsalisi Law provides trustworthy, exceptional representation to obtain the justice you deserve if you have been struck by a negligent driver while using a crosswalk. We have helped countless victims recover millions in settlements and verdicts due to driver negligence and are prepared to help you navigate the complexities of your claim.
Liability in a Pedestrian Accident in Florida
Florida statute Section 316.130 explains essential laws that keep both pedestrians and motorists safe when sharing the road, which includes the following:
Right-Of-Way Must Be Exercised With Due Care
Signals, crosswalks, lane markings, and other traffic signals do not guarantee an absolute right of way for either driver or pedestrian. Right-of-way must be exercised with due care and caution for everyone’s safety on the road.
Pedestrians May Cross Mid-Block but Must Yield Outside of a Crosswalk Location
When crossing mid-block, a pedestrian must yield to any approaching motorist, except when crossing in a marked crosswalk.
A Motorist Is Required to Yield at Crosswalks
Yielding to a pedestrian crossing means stopping completely if the pedestrian is in the driver’s lane, the lane into which the driver is turning, or an adjoining lane. A requirement for crossing lawfully is that the pedestrian must abide by signals indicating it is permitted to cross.
If a Sidewalk Is Provided, a Pedestrian May Not Walk Along the Roadway
It is not permitted to walk along the roadway if a sidewalk is available for pedestrians to use for travel.
Depending on the circumstances of your pedestrian accident, a negligent motorist may be held liable if you legally used a crosswalk at the time of your accident. At Marsalisi Law, we conduct a comprehensive investigation into the details of the accident and obtain the necessary evidence to demonstrate negligence.
Monetary Compensation You May Recover in a Successful Florida Pedestrian Accident Claim
In a successful Florida pedestrian accident claim, you may recover compensatory damages for injuries and accident-related losses incurred due to driver negligence. If you were lawfully traveling on a crosswalk at the time of your accident, you may recover monetary compensation for the following damages:
- Medical expenses;
- Rehabilitation or physical therapy;
- Funeral expenses;
- Lost wages;
- Loss of future earning capacity;
- Scarring or physical impairment;
- Pain and suffering;
- Loss of consortium.
Florida falls under a pure comparative negligence standard, which means fault is assessed in percentages. Depending on the percentage of fault, the negligent driver may be held financially liable. At Marsalisi Law, we fight to prove liability in your Florida pedestrian accident claim so you may obtain the complete compensation you deserve.
Contact the Experienced Pedestrian Accident Lawyer at Marsalisi Law
Pedestrian accidents may cause lasting, significant consequences, especially when motorists are traveling at high speeds. At Marsalisi Law, we offer dedicated, trustworthy representation throughout the entire legal process so you may focus on recovery. With tailored legal services offered in English and Spanish, you can be assured that everything in our power to provide you with the monetary compensation you deserve.