3 FAQs About Midblock Pedestrian Accident Claims

February 20, 2020

by Donaldson & Weston

As far as traffic offenses go, jaywalking is relatively minor. Whereas drinking and driving could put you behind bars, for example, failing to use a designated crosswalk where required could warrant a fine of up to $77 in Florida.

If you were struck by a passing motorist while jaywalking, though, the associated fine is probably the least of your worries. Depending on the severity of your injuries, your financial security could be in jeopardy.

Thankfully, it may still be possible recover compensation for 100 percent of the damages you incur. While pedestrians are to blame for some midblock accidents, this is certainly not the case for all of them.

Here are the answers to a few frequently asked questions about liability and damages in tort cases involving midblock pedestrian accidents:

1. When Might a Pedestrian Be Liable for a Midblock Accident?

In certain scenarios, pedestrians can be held liable for midblock accidents. If the person on foot was violating the law or otherwise breaching the duty of care owed to passing motorists, he or she may be found at fault. As long as the pedestrian’s actions (or lack thereof) were a proximate cause of the accident, the driver who struck him or her might not be liable.

2. What If Both the Pedestrian and Motorist Were at Fault?

If both parties were negligent, each can seek compensation from the other. Florida follows a pure comparative fault rule, which means plaintiffs are not barred from pursuing damages if they played a role in the accident in which they were hurt, even if they were more than 50 percent liable. Instead, the payout they recover will simply be reduced by their own percentage of fault.

As you can imagine, disputes are likely in tort claims involving shared liability. Even if you provide strong evidence of the motorist’s negligence, the insurer might dispute how fault is apportioned. After all, the more blame they can shift to you, the less money they will have to pay out once the case is resolved. And if the damages are significant—as they tend to be following pedestrian accidents—a few percentage points could represent thousands of dollars.

3. What Kinds of Damages Can Pedestrians Seek Following a Midblock Accident?

In Florida, personal injury claimants may pursue funds for both the economic and non-economic damages they incur. Some of the most common recoverable losses include:

  • Medical bills;
  • Home care;
  • Child care;
  • Domestic help;
  • Property damage;
  • Lost wages;
  • Loss of future earnings;
  • Home and vehicle modifications;
  • Emotional distress;
  • Loss of enjoyment in life; and
  • Pain and suffering.

Call 772-266-5555 for a Free Consultation with a Stuart Accident Lawyer

If you were struck by a careless driver while crossing the street, contact Donaldson & Weston. Even if you were jaywalking at the time of the incident, our strategic attorneys may be able to help you seek compensation for some or all of the resulting damages. Call 772-266-5555 or fill out our Contact Form to schedule a free case evaluation with a personal injury attorney in Stuart.