It during the early evening hours on March 6th when an Okaloosa County man was hit by a vehicle while attempting to cross U.S. Highway 98 in Destin, a city located just a few minutes away from Fort Walton Beach. As the man, who has only been identified as being in his mid-20’s, began to cross the road, he was struck by a vehicle that was heading eastbound. NWF Daily News reported that the man was crossing the road in a non-crosswalk area and sadly, did not survive the accident.
Can a pedestrian who suffers an injury in an accident in Fort Walton Beach, FL still sue a driver if he/she were partially responsible for causing it?
There are many active laws in the state of Florida that both drivers and pedestrians are required to follow. For instance, when there are no traffic control signals or signs present, Florida Statute §316.130 says that a driver shall yield the right-of-way to a pedestrian crossing the roadway within a crosswalk when “the pedestrian is upon half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.” A pedestrian, on the other hand, is expected to cross the road at a designated crosswalk when one is provided.
Now, if a pedestrian were to cross the road at an area other than a crosswalk despite the fact that one was available, they could be held partially liable for causing the accident. You should know, however, that this does not bar them from taking legal action against the other party.
Understanding Florida’s Contributory Fault Law
According to Florida’s Contributory Fault law, when a person shares some of the responsibility in an accident and files a lawsuit against another party who they believe was also negligent, their award amount would be reduced by their percentage of fault given they win their case. With that said, if you or a loved one were involved in an accident with a vehicle in FL, whether you caused it or not and are seeking compensation for your injuries, the Fort Walton Beach, FL car accident lawyers at the Browning Law Firm are ready to help you. Many of the injuries pedestrians suffer in an accident are often serious in nature and our Fort Walton Beach, FL car accident attorneys want to be sure you are properly compensated so that you are able to afford the medical care you need.
The Browning Law Firm can be reached at:
418 Racetrack Rd. NE, Ste B
Fort Walton Beach, FL 32547