Kelley Uustal Trial Attorney
October 25, 2022

How to Determine if you have a Pedestrian Accident Case

A pedestrian accident can leave you with severe or catastrophic injuries. These injuries can require a lengthy recovery time, during which you may be unable to work and earn the money you need to pay your bills. Pedestrian accident laws exist to protect your rights to pursue compensation for your losses when you have suffered harm due to another person’s carelessness.

Does Florida Law Protect Pedestrians?

Many people do not realize that Florida law recognizes unmarked crosswalks and that a driver is responsible for avoiding a pedestrian even outside of a crosswalk. We have successfully represented numerous pedestrians who were hit while walking outside a marked crosswalk because the negligent driver was at fault.

Every driver has a legal obligation to act prudently to help keep our streets safe. Under Florida law, motor vehicle operators have a duty to “exercise due care to avoid colliding with any pedestrian and give a warning when necessary and exercise proper precaution upon observing any child or any obviously confused or incapacitated person.”

What Types of Driver Negligence Can You Sue For?

Can I sue if I was hit by a speeding driver? Do I have a case if I was struck by a car outside of a crosswalk? Can I sue if a vehicle hit me in bad weather? What if the driver was distracted by their cell phone? These are questions we often hear from clients. The answer to all of these questions is yes. Under Florida law, you can sue for the following:

  • Driving under the influence of drugs or alcohol
  • Disobeying traffic signs and signals
  • Speeding
  • Driving while distracted
  • Driving while drowsy
  • Failing to use a turn signal
  • Failing to yield to pedestrians
  • Ignoring passing and merging rules
  • Ignoring dangerous weather conditions

Who Can Help Me Sue For A Pedestrian Accident?

Each case involving a pedestrian has its own unique and very diverse set of circumstances. In order to fully understand if you have a case, it should be investigated by an attorney who has handled numerous similar cases. When it comes to pedestrian accidents, Kelley | Uustal will help you secure the financial and emotional justice you deserve. Were you injured in a pedestrian accident? Contact us today here.

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