I was jaywalking and hit by a car. The driver saw me and could have avoided me. Can I still sue?
If you have been involved in a pedestrian accident in the state of Florida, and the other driver saw you, could have avoided you but chose not to and instead chose to hit you, you absolutely still have the right to sue. Regardless of whether or not you were in a marked crosswalk at the time.
For starters, the Florida legislature allows for not only marked crosswalks, which would have lines on the road showing where pedestrians should walk. They also have specific statutes allowing for unmarked crosswalks at intersection.
In addition, we work under what’s called a comparative negligence theory which will allot fault depending on the percentage of fault for all the parties involved. Just because you may be partially at fault for crossing where there was no intersection, or not at a crosswalk whether marked or unmarked, the fact that the vehicle involved failed to stop and prevent the accident they may be held liable as well.