When is a Driver at Fault for a Pedestrian Accident?

March 4, 2022 | Attorney, Matthew Dolman
When is a Driver at Fault for a Pedestrian Accident?

Instances Where the Driver is to Blame for a Pedestrian Accident

When driving, one must always be wary of pedestrians. One moment of distraction can lead to great tragedy. Although the driver of the car is not always at fault for a pedestrian accident, they do take the blame for any injuries incurred by a struck pedestrian. A pedestrian injury is a truly traumatic event that can lead to extensive physical and psychological injuries. It is important to know when a pedestrian can file a claim against a driver for a pedestrian accident lawsuit. It's also important to know the factors that lead to a pedestrian accident, and why Florida is one of the most dangerous states when it comes to pedestrian accidents.

Why is Florida the Most Dangerous State in the US for Pedestrian Accidents?

Pedestrian accidents are most common on wide roads without speed limiters or visual clues to slow down. Although there are some states where pedestrians are accommodated with safely constructed routes for them to walk, other states have more of a priority on vehicle transportation. According to Dangerous By Design, Florida is the most dangerous state for pedestrians. Florida ranked number one for pedestrian fatalities in the 2010s with 5,893. Of the top ten most dangerous metropolitan areas in the country, seven were from the state of Florida, including Orlando-Kissimmee-Sanford and Tampa-St Petersburg-Clearwater With a lack of accommodation for pedestrians, Florida has a high propensity for pedestrian accidents. In most cases, due to a lack of options for pedestrians, it leaves the driver to blame for pedestrian accidents. But, what types of injuries can a struck pedestrian incur?

What Injuries are Common in a Pedestrian Accident?

Due to the discrepancy in size between a human and a car, a pedestrian accident can lead to very serious injuries of both the physical and psychological variety. Here are some of the injuries caused by a pedestrian accident: The injuries possible in pedestrian accidents run the gamut from minor scrapes and bruises to life-altering injuries. Any injury to the head and neck can change the course of your life forever, with medical expenses and day-to-day difficulties. It is important to know whether the person who hit you can take the blame for the injuries sustained.

How Can a Driver be Responsible for Striking a Pedestrian?

The most common causes for a pedestrian accident have to do with the driver not obeying the rules of the road. If a driver keeps abreast of the rules and conventions of vehicle transportation, they should not have a problem with getting into pedestrian accidents. With Florida's right-of-way law, safety comes down to the signs indicating the right-of-way on different types of streets. Drivers and pedestrians alike must pay attention to these signs to avoid pedestrian accidents. But, it's impossible to eliminate distracted and misinformed driving, so pedestrians need to know what to look out for. Here are the common causes of pedestrian accidents in Florida:

Speeding Before Hitting a Pedestrian

Whether due to being late for work or simply being negligent, speeding is the most common cause of car accidents. In 2019, speeding took the life of 9,478 people. Speeding is a common cause of pedestrian accidents in Florida on streets without proper speed limit signs or obstructions to prevent speeding. A speeding pedestrian accident will occur when a driver is going so fast that they cannot halt their vehicle before hitting the pedestrian. 

Distracted Driving Leading to a Pedestrian Accident

Distractions that can lead to pedestrian accidents include texting, calling, fiddling with the radio, eating, drinking, focusing on your companion instead of the road, and paying attention to roadside attractions instead of what's in front of you. Distracted driving can have deadly consequences, especially when it prevents a driver from seeing a pedestrian crossing the crosswalk.

Failing to Yield to a Pedestrian

In the state of Florida, vehicles are obligated to yield to pedestrians legally crossing the street. No matter what the traffic light says, a driver must wait for the pedestrian to walk fully across the crosswalk or a fine of $164 and three points on their driver's license will be levied against the driver. This rule applies to both walkers and bicyclists. 

Striking a Pedestrian in a Parking Lot

A cramped parking lot can be a very dangerous place for pedestrians. Everybody is driving around, trying to find an empty spot before it's taken, and pedestrians can get caught in the crossfire.  A parking lot pedestrian accident can occur despite a pedestrian being as diligent as they can be. All it takes is for a driver to pull out with a pedestrian behind them or ram a pedestrian in pursuit of an empty parking spot. A driver must be focused on keeping pedestrians walking to and from the store safe to prevent a pedestrian accident.

Drunk Driving and Hitting  a Pedestrian

All of the factors that lead to a pedestrian accident are exacerbated by driving under the influence. A drunk driving pedestrian accident can be caused by impaired vision or cognitive functioning that prevents the driver from perceiving a crossing pedestrian. Not only can driving under the influence put pedestrians at risk, but also the person behind the wheel.

Contact Dolman Law Group About Your Pedestrian Accident Lawsuit

If you are in the aftermath of a pedestrian accident, you need to find yourself representation. A pedestrian accident lawsuit can get you the compensation you need to cover your medical expenses, lost wages, and even pain and suffering you experienced. dolman Law Group is a law firm that specializes in a variety of personal injury case types and handles pedestrian accidents regularly. Our lawyers know exactly what to do in order to not only successfully seek compensation for pedestrian accident injuries on your behalf but also maximize that potential compensation as well.  When you seek the assistance of Dolman Law Group for help with your pedestrian accident claim you are not only gaining experienced legal advice and a wealth of resources our firm can provide but also an ally with a vested interest in the outcome of your case. Get in touch with Dolman Law Group today for a free consultation. Call 833-55-CRASH or leave us a message on our online contact page.  


Matthew Dolman

Personal Injury Lawyer

This article was written and reviewed by Matthew Dolman. Matt has been a practicing civil trial, personal injury, products liability, and mass tort lawyer since 2004. He has successfully fought for more than 11,000 injured clients and acted as lead counsel in more than 1,000 lawsuits. Always on the cutting edge of personal injury law, Matt is actively engaged in complex legal matters, including Suboxone, AFFF, and Ozempic lawsuits.  Matt is a lifetime member of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum for resolving individual cases in excess of $1 million and $2 million, respectively. He has also been selected by his colleagues as a Florida Superlawyer and as a member of Florida’s Legal Elite on multiple occasions. Further, Matt has been quoted in the media numerous times and is a sought-after speaker on a variety of legal issues and topics.

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