Who Is Liable in a Pedestrian Accident in Broward County
Pedestrian accidents often result in severe injuries, and determining liability is one of the most important steps in pursuing compensation. In Broward County, liability in a pedestrian accident depends on who acted negligently and whether traffic laws were violated. While drivers are frequently at fault in pedestrian accidents, pedestrians and even third parties may also share responsibility in certain situations.
Florida follows a comparative negligence system, which means more than one party can be held responsible for an accident. To be sure, liability is determined by examining the actions of everyone involved and applying Florida traffic laws.
When a Driver Is Liable for a Pedestrian Accident
Drivers have a legal duty to operate their vehicles safely and to watch for pedestrians, especially at intersections and crosswalks. Many pedestrian accidents occur because drivers fail to yield, are distracted, or are speeding in areas with heavy foot traffic.
A driver may be liable if they:
- Failed to yield at a crosswalk
- Ran a red light or stop sign
- Were speeding in a residential or school zone
- Were texting or distracted while driving
- Were driving under the influence
- Failed to exercise due care to avoid hitting a pedestrian
Florida law specifically requires drivers to exercise due care to avoid colliding with pedestrians under Florida Statutes Section 316.130.
When a Pedestrian May Be Liable
Although drivers are often responsible for pedestrian accidents, pedestrians also have a duty to follow traffic laws. If a pedestrian crosses outside of a marked crosswalk, ignores traffic signals, or suddenly steps into traffic, they may be partially or fully liable for the accident.
A pedestrian may share liability if they:
- Jaywalked outside a crosswalk
- Crossed against a traffic signal
- Walked along a roadway where sidewalks were available
- Entered the roadway suddenly without giving drivers time to stop
- Were distracted by a phone or headphones
Even if a pedestrian is partially at fault, they may still recover compensation under Florida’s comparative negligence law, but their compensation may be reduced by their percentage of fault.
Third Party Liability in Pedestrian Accidents
In some pedestrian accident cases, a third party may also be liable. For example, a government entity may be responsible if a malfunctioning traffic signal or poorly designed crosswalk contributed to the accident. A vehicle manufacturer could also be liable if a mechanical failure caused the driver to lose control.
Determining liability often requires a detailed investigation that includes reviewing accident reports, traffic camera footage, witness statements, and roadway conditions.
Reach Out to Us for Legal Guidance
Liability in a pedestrian accident in Broward County depends on who was negligent and whether traffic laws were violated. Drivers, pedestrians, and even third parties may share responsibility depending on the circumstances of the accident. Understanding liability is critical when pursuing compensation for injuries, medical bills, and other damages. If you were injured in a pedestrian accident, the Fort Lauderdale personal injury lawyers at Boone and Davis can help you understand your legal options and pursue compensation. Contact our office today to discuss your case and to learn how we can support you moving forward.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.130.html
