A recent accident in Jacksonville, Fl has left one pedestrian dead. According to Florida Highway Patrol (FHP), around 10:30 PM on Thursday night a man walked in front of oncoming traffic and was struck by a truck. Tragically, the pedestrian was killed from the impact. However, as a St. Augustine Pedestrian Accident Attorney, I am confronted with stories just like this one all the time. Whether the accident was caused by the negligence of the driver or the pedestrian, you and your family can still potentially recover for your losses. This is due to Florida's Laws on Comparative Fault. Let me explain.
When a St. Augustine pedestrian accident is caused by a distracted or negligent driver the injured victim can seek redress from the driver for their losses (medical bills, pain and suffering, lost wages, etc.). This is even so if the pedestrian was partially at fault for the accident. For example, if the pedestrian was not crossing at a crosswalk or the distracted by their MP3 player they can still seek recovery. The reason why? Comparative Fault.
Florida follows a comparative fault legal theory regarding negligence cases. What this means is that even an injury victim who might be partially at fault for the accident can recover for the losses they sustained. However, their recovery will be reduced by the amount that a judge or jury determines that party was at fault. For instance, if an injured pedestrian suffered 100,000 in losses and was determined to be 30% at fault; he could only recover 70,000. This is different from other states that have a policy if the injured party is at fault to any degree their recovery is barred.
St. Augustine Pedestrian Accidents happen all the time and sometimes the results can be devastating. Drivers need to put down their phones, MP3 players, and other electronic devices and pay attention to the road. Pedestrians need to be weary of crossing a street not at a designated area and be cautious of motorist. With just a little understanding and compromise, St. Augustine Pedestrians Accidents can be on the decline. So, if you or a loved one has been injured in a St. Augustine Pedestrian Accident, contact a St. Augustine Pedestrian Accident Attorney to discuss what legal remedies may be available to compensate you for your losses.