Polk County Pedestrian Accident Attorney

Injured While Walking in Polk County, FL?

If you or a loved one has been involved in a pedestrian accident in Polk County, Florida, you understand the devastating consequences such incidents can have. Pedestrian accidents can result in serious injuries or even fatalities due to the sheer difference in size and speed between vehicles and pedestrians. At Burnetti, P.A., we are dedicated to helping those affected by pedestrian accidents seek the justice and compensation they deserve.

Contact us today at (888) 444-8508 to schedule a free case evaluation.

What is a Pedestrian Accident?

A pedestrian accident occurs when a person who is walking or otherwise moving on foot is struck by a vehicle. These accidents can take place anywhere, from crosswalks and intersections to parking lots and sidewalks. Pedestrians, due to their vulnerability, are at a much higher risk of suffering serious injuries in these accidents. The severity of a pedestrian accident depends on several factors, including the speed of the vehicle involved, the point of impact, and the overall health and age of the pedestrian.

Pedestrian accidents can lead to a wide range of injuries, such as broken bones, traumatic brain injuries, spinal cord injuries, and in the worst cases, fatalities. It’s important for those involved in pedestrian accidents to consult with a knowledgeable Polk County pedestrian accident attorney to understand their legal rights and options for pursuing compensation.

Florida Pedestrian Laws

Florida has specific laws designed to protect pedestrians and govern how vehicles interact with them. Understanding these laws is crucial if you have been involved in a pedestrian accident in Polk County.

Right-of-Way for Pedestrians

Florida law gives pedestrians the right-of-way in many situations, especially in crosswalks. Drivers are required to yield to pedestrians in crosswalks and at intersections, even if the pedestrian is not using a marked crosswalk. Pedestrians also have the right-of-way when they are walking in a crosswalk or when a vehicle is turning at an intersection. However, pedestrians must also obey traffic signals and signs, such as crossing at designated intersections or waiting for a green light.

Jaywalking

While pedestrians have the right to walk on the roads, Florida law also prohibits jaywalking or crossing streets outside of designated crosswalks, unless it’s safe to do so. In these cases, pedestrians are still expected to be cautious, and their actions could impact their case if they were found to have contributed to the accident.

Florida Pedestrian Safety Laws

The state of Florida also mandates certain pedestrian safety measures, such as the use of sidewalks when available. If a pedestrian is walking along a roadway without a sidewalk, they must walk on the shoulder of the road and face traffic. Pedestrians should also avoid distractions like texting or listening to music while walking, as this can decrease awareness and increase the risk of accidents.

If you have been injured in a pedestrian accident and believe that Florida pedestrian laws were violated, a Polk County pedestrian accident attorney can investigate the circumstances of the accident and determine if any of these laws played a role in the crash.

Common Causes of Pedestrian Accidents

There are many causes of pedestrian accidents, and understanding the most common ones can help you protect yourself as a pedestrian. Some of the most frequent causes include:

Distracted Driving

Distracted driving is one of the leading causes of pedestrian accidents in Florida. Drivers who are texting, talking on the phone, or otherwise distracted are less likely to notice pedestrians crossing the road, leading to accidents. Distractions can take a driver’s attention away from the road for just a few seconds, but that’s all it takes for an accident to occur.

Speeding

When drivers exceed the speed limit or drive too fast for road conditions, they may not be able to stop in time to avoid hitting a pedestrian. Speeding reduces the driver’s ability to react quickly and increases the severity of an impact. In busy areas, such as school zones or residential neighborhoods, speeding is particularly dangerous.

Failing to Yield

As mentioned earlier, Florida law gives pedestrians the right-of-way in many situations. However, drivers may fail to yield, especially when they are in a hurry or not paying attention. This can result in a dangerous collision between the vehicle and the pedestrian.

Drunk Driving

Driving under the influence of alcohol or drugs significantly impairs a driver’s ability to focus, judge distances, and react appropriately to changes in their environment. Drunk driving is a major cause of pedestrian accidents, particularly at night when visibility is reduced.

Poor Road Conditions

In some cases, poor road conditions can contribute to pedestrian accidents. Potholes, uneven sidewalks, inadequate street lighting, and poorly marked crosswalks can all create hazards for pedestrians. Local municipalities or government agencies may be responsible for maintaining the safety of roads, and if road defects played a role in your accident, you may have a case against them.

Who is Liable for a Pedestrian Accident?

Determining liability in a pedestrian accident is a critical aspect of any case. In most situations, a driver who causes an accident by failing to follow traffic laws will be held liable for the victim’s injuries. However, there are other potential parties who may share responsibility for the accident, including:

The Driver

If the driver of the vehicle was distracted, speeding, driving under the influence, or failing to yield to the pedestrian, they will likely be held responsible for the accident. A Polk County pedestrian accident attorney can help investigate the driver’s actions and determine if they were negligent.

The Municipality or Local Government

If poor road conditions contributed to the accident, the local government or municipality may be held liable for failing to maintain the roadways in a safe condition. This can include problems such as defective streetlights, broken sidewalks, or improperly marked crosswalks.

Property Owners

In some cases, a pedestrian may be injured due to a hazard on private property, such as a poorly maintained parking lot or entrance. Property owners have a duty to maintain their property and ensure that it is safe for pedestrians.

The Pedestrian

In certain situations, the pedestrian may also share some responsibility for the accident. For example, if the pedestrian was jaywalking or crossing the street against a traffic signal, they may be partially at fault. However, even if the pedestrian was partially responsible, they may still be able to recover damages under Florida’s comparative negligence laws.

To discuss your case with our team, call (888) 444-8508 or contact us online today.