Pedestrian accidents happen when a car or any motor vehicle collides with or crashes into a person walking or traversing on or near the road. As a result of the incident, the pedestrian suffers injuries, property damage, or death.
If you’ve been the victim of an accident, help from a Davie pedestrian accident attorney is a call or click away. The attorneys at Eggnatz | Pascucci personal injury law firm in Davie have helped many pedestrians get the compensation they deserve following an accident.
In Davie, Florida, the state allows the injured party to file a claim against the motor vehicle driver to seek redress for their losses. Serious body injuries often occur from pedestrian accidents. Reaching out to one of our top-rated personal injury lawyers in Davie will help guide you through the complex claims and legal process. They’ll provide expertise and proficiency to help you. Knowledge of the law and understanding the rights under a no-fault state can be crucial in these claims.
Davie Pedestrian Right of Way
Florida law provides traffic regulations identifying the pedestrian’s right of way. Under Section 316.130, pedestrians are mandated to obey traffic signs and devices. On the other hand, vehicle drivers are expected to exercise caution to avoid hitting pedestrians.
Some of the specific rules for pedestrians to follow are as follows:
- Pedestrians are expected to follow the marked crosswalks.
- Vehicles must stop and yield the right of way if a pedestrian is crossing within the marked crosswalks.
- Vehicles have the right of way if a pedestrian is crossing without any marked crosswalk. However, drivers must exercise diligence and caution in not hitting pedestrians.
While drivers must exercise diligence in driving their vehicles, pedestrians must follow traffic signs, use marked crosswalks when available, and use the sidewalk if available. Legal remedies may be available even if a pedestrian fails to follow the law. As operators of heavy motor vehicles, drivers are expected to take precautions to avoid hitting vulnerable pedestrians. That’s why speaking to an experienced car accident lawyer in Davie following your pedestrian accident is important, even if you may be partially at fault.
Florida is a No-Fault Insurance State with Davie Pedestrian Accidents
Florida is among the few states that adopt no-fault laws. In a pedestrian accident in Davie, the injured pedestrian must seek compensation from their insurance for injuries sustained without identifying the cause of the accident.
Notably, drivers are required to carry Personal Injury Protection insurance of at least $10,000. However, if the accident involves a severe lack of diligence or wanton disregard for safety, the aggrieved party may file a personal injury case in court.
Driver Duty of Care Towards a Pedestrian in Davie
Section 316.130 (15) of the Florida Statutes requires drivers to exercise due care to avoid colliding with any pedestrian. Drivers must also exercise proper precaution upon observing any child or any confused or incapacitated person.
When drivers breach this duty, they must be held accountable. Our highly experienced pedestrian accident attorneys in Davie know what evidence to use to prove negligence. Furthermore, we know which parties to sue, which may become more complicated if a vehicle malfunction or unsafe road conditions lead to an accident.
Comparative Negligence for a Davie Pedestrian
Florida follows the comparative negligence system, which allows the parties in an accident to share fault in an accident. For instance, if the pedestrian is partially at fault by passing outside the marked crosswalk, the pedestrian’s recoverable damages shall be reduced based on the percentage of their fault (Section 768.81). However, they will still be able to recover for the portion of the accident that was not their fault. Our attorneys understand how to evaluate fault percentages and will accurately advise you on how much your claim is worth.
Contact Our Skilled Pedestrian Accident Attorneys in Davie Today
If you need specific advice on your case, it is beneficial to consult a Davie pedestrian accident lawyer. An experienced and skilled lawyer will assess your case and advise strategies to increase the chance of getting favorable compensation for your injury.
At Eggnatz and Pascucci, our team will provide the representation you need to pursue a claim immediately after an accident. Contact us today to get the ball rolling on your legal claims. We offer no-risk, free consultations to discuss your claim’s value and how we can assist you. Give us a call at (954) 889-3359 or send us a text message at (954) 289-6961.