Pedestrian vs Car: How To Determine Negligence In A Pedestrian-Car Accident?
In order to determine negligence in a pedestrian-car accident and obtain compensation for your injuries & damages, you and your attorney will have to prove the four elements.
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Saturday
April 14, 2018

Walking through Cooper City or any other city in Florida during rush hours can be extremely risky – and even deadly. Everybody is in a hurry to get to their destination, streets and roads are crowded, pedestrians and drivers are sleepy and frustrated (especially if it is a Monday morning!).

Being a pedestrian in a city full of cars and trucks is dangerous not only during rush hours but also at night when there are many drunk or fatigued drivers on the roads. It may seem as if the best choice to prevent injuries would be to stay home and never come out. But that is not a solution.

As auto manufacturers are actively developing driverless cars to reduce the number of car accidents in Cooper City and all across Florida with the elimination of the human factor (no more drunk, distracted, sleepy, fatigued, angry, and other collision-causing drivers!), we asked our Cooper City car accident attorney to outline everything you need to know about pedestrian-car accidents.

Pedestrians in Florida are less safe than ever

With over 90% of the American population owning a car in 2018, it is true that it is not enough to just look left, right, and left again before crossing a street. There are so MANY cars that you could still be hit by a vehicle and sustain severe injuries no matter how careful you are (though being 100% attentive and careful is always a good idea to minimize the risk).

Unless you are dealing with a hit-and-run car accident, where the car driver that hit you fled the scene of the accident, proving the driver’s liability and recovering damages will be relatively easy as long as (a) you are represented by a Cooper City car accident lawyer, and (b) the car driver was at fault for the accident.

Four elements to prove to establish negligence

In order to determine negligence in a pedestrian-car accident and obtain compensation for your injuries and damages, you and your attorney will have to prove these four elements.

  1. The driver owed you a duty of care. If you are a pedestrian and you were crossing the street at a designated crosswalk and not against a red light, the driver owed you a duty to obey all traffic rules, stop at a pedestrian crosswalk and be attentive, maintain a safe distance, reduce his/her vehicle’s speed, and pay attention to the traffic lights.
  2. The driver breached that duty of care. If the driver that hit you failed to do any of the above or failed to obey any other traffic laws, he or she breached the duty of care.
  3. The breach of duty caused your injuries and damages. It is not enough to establish just two of the above-mentioned elements of negligence. You must also prove that the driver’s illegal conduct caused your injuries.
  4. You suffered damages. You will also have to prove that you suffered damages as a result of that breach of duty.

Determining negligence in a pedestrian-car accident

Our Cooper City car accident attorney at the Law Offices of Bradley Hartman is going to review an example of how these four elements of negligence are established in a pedestrian-car accident.

Let’s say you were crossing the street at a designated crosswalk against a green light and, all of a sudden, you got hit by a car. As a result of the collision, you broke your arm. Clearly, the driver owed you a duty to stop at the crosswalk and pay attention to the traffic lights, and obviously, that duty was breached due to his/her failure to stop. The car driver’s failure to stop his/her vehicle to avoid the collision resulted in your injury, while you sustained $2,000 in medical expenses because of that injury.

With an experienced attorney by your side, establishing these four elements of the driver’s negligence and recovering damages will not be difficult. If you were partially at fault for the accident (for example, you crossed at the designated crosswalk against a red light), your recoverable damages will most likely be reduced by a certain percentage (in direct proportion to your own percentage of fault).

If you have been in a pedestrian-car accident, contact a car accident attorney right away. The longer you wait to seek legal help, the harder it will be to recover compensation. Contact the Law Offices of Bradley Hartman to get a free consultation today. Call at 954-438-1000 or fill out this contact form.

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