In Florida, including Orlando, pedestrians have specific rules about when they have the right to cross the road. These rules can make it tricky if there is an injury and someone wants to make a claim. But it is essential to know that even if a pedestrian was not following the rules exactly, they can still make a successful claim for compensation. This is because drivers have a big responsibility to be careful, no matter what pedestrians are doing. 

Even if a pedestrian is in an unexpected place, like standing in the middle of the road, drivers cannot just ignore their duty to drive safely. They must still do everything they can to avoid causing harm. 

In most cases, when a pedestrian is hurt in an accident involving a car, the driver’s insurance will cover it. So, if you are injured as a pedestrian, it’s a good idea to talk to a lawyer about your situation. Even if you were told you were at fault because you did not have the right to cross, you might still have a case. Sometimes, drivers were careless and did not do enough to avoid hitting you, which means they could be responsible for your injuries or a loved one’s death.  

When a Pedestrian Would Be Considered At-Fault 

When it comes to accidents on the road, it’s pretty unusual for pedestrians to be the ones causing them. This is mainly because drivers are expected to be super careful all the time. But sometimes, pedestrians can still be involved in accidents, either by adding to the problem or by causing it themselves. The only time a pedestrian is 100 percent at-fault is when they purposefully and illegally throw themselves into traffic, which is an extremely rare event.  

Here’s When a Pedestrian Could Be at Fault: 

Here are some serious things a pedestrian might do that could make them responsible for an accident: 

• Jaywalking: Crossing the street in the wrong place or at the wrong time. 
• Ignoring Traffic Signals: Walking when the “Don’t Walk” sign is on or crossing against a red light. 
• Darting into Traffic: Suddenly stepping onto the road without looking out for cars. 

Why it is Usually the Driver’s Fault: 

• Driver Responsibility: Drivers are expected to be careful, no matter what pedestrians are up to. 
• Defensive Driving: Even if a pedestrian is doing something unexpected, drivers still must try their best to avoid hitting them. 

The Key to Determining Fault is to Prove Negligence 

In cases where a pedestrian is deemed responsible for an auto accident, the burden of proof lies in establishing negligence. Whether it is the pedestrian’s action or the driver’s, evidence must be presented to demonstrate the party was at fault. 

Hiring an attorney specializing in personal injury law is vital for pedestrians seeking to prove a driver’s negligence in auto accidents. Attorneys play a pivotal role in navigating the complexities of legal proceedings, gathering evidence, and building a compelling case to establish fault on the driver. 

Methods Attorneys Use to Establish Fault 

• Gathering Evidence: Attorneys meticulously collect evidence, including witness statements, surveillance footage, accident reports, and expert opinions, to reconstruct the events leading up to the accident. 
• Reviewing Traffic Laws: Attorneys analyze applicable traffic laws to determine if the driver violated any regulations, such as speeding, failing to yield, or distracted driving, which contributed to the accident. 
• Demonstrating Duty of Care: Attorneys illustrate how the driver breached their duty of care towards pedestrians by failing to exercise reasonable caution and vigilance on the road. 
• Proving Causation: Attorneys establish a causal link between the driver’s negligence and the pedestrian’s injuries, demonstrating how the driver’s actions directly resulted in harm. 
• Utilizing Accident Reconstruction Experts: Attorneys may collaborate with accident reconstruction specialists to create detailed simulations and visual representations of the accident, aiding in illustrating fault and liability. 

What to do When Insurance Blames You (The Pedestrian) for the Accident 

Insurance companies are adept at minimizing payouts, and in accidents involving pedestrians, they may attempt to portray the pedestrian as at fault to reduce their financial obligations.  

Common tactics include: 

• Blaming the Pedestrian: Insurance adjusters may try to paint a narrative where the pedestrian’s actions, such as jaywalking or disregarding traffic signals, are depicted as the primary cause of the accident. 
• Downplaying Driver Negligence: Insurers may downplay or overlook the driver’s role in the accident, such as speeding, distracted driving, or failure to yield to pedestrians, to shift blame away from their insured. 
• Offering Low Settlements: Insurance companies may offer inadequate settlements to pedestrians, exploiting their vulnerable position and hoping to settle the claim quickly and for less than its true value. 

The Importance of Legal Representation After a Pedestrian Accident 

In the face of insurance company tactics, pedestrian victims of auto accidents stand to benefit significantly from seeking legal representation. Attorneys specializing in personal injury law play a crucial role in advocating for pedestrians’ rights and ensuring they receive fair compensation.  

Here’s how attorneys can help: 

• Proving Driver Negligence: Attorneys conduct thorough investigations to gather evidence establishing the driver’s negligence, such as witness statements, surveillance footage, and accident reconstruction analysis. 
• Negotiating Fair Settlements: Attorneys adeptly negotiate with insurance companies on behalf of pedestrians, advocating for fair compensation that accurately reflects the extent of their injuries, medical expenses, lost wages, and pain and suffering. 
• Shielding Against Blame: Attorneys counter insurance company attempts to blame the pedestrian by presenting a compelling case demonstrating the driver’s responsibility and liability for the accident. 

Can a Driver Sue a Pedestrian if the Pedestrian is At-Fault? 

Of course, a driver can sue a pedestrian if they are determined at-fault. Anyone can sue anyone. This does not mean they should, but of course they can.  

If a driver thinks a pedestrian caused a car crash, they might want to take legal action against them. But suing a pedestrian is tough because you need lots of proof to show they were careless. It is not usually a good idea because the pedestrian could turn around and sue you back, and people tend to feel sorry for pedestrians. Most people think drivers should not hit pedestrians. If you lose the case, the pedestrian could sue you and prove it was your fault based on your case’s failure.  

The burden falls on the driver to prove that the pedestrian acted negligently, and that this negligence directly caused the accident. This requires gathering compelling evidence, such as eyewitness testimony, surveillance footage, and expert analysis, to demonstrate the pedestrian’s culpability. 

Pursuing claims against pedestrians involves navigating complex legal dynamics, as the laws governing pedestrian rights and responsibilities vary by jurisdiction. In Florida, pedestrians do not always have the right of way, but only rarely has a pedestrian been successfully sued for being in the wrong place at the wrong time. Attorneys must carefully assess the applicable laws and precedents to build a convincing case against the pedestrian. Moreover, it may not be profitable. Vehicles carry insurance, but pedestrians do not. They would have to have considerable savings to make a lawsuit against them worthwhile.  

If a driver decides to sue a pedestrian for damages but it is determined that the pedestrian was not at fault, the situation can quickly escalate, leading to potential counterclaims and additional legal complexities. If the pedestrian is determined not at-fault, this would leave only the driver to be considered at-fault. The pedestrian is likely to then sue the driver in a counterclaim of their own. The tables can turn, and the driver may find themselves facing legal repercussions instead. This reversal of liability underscores the importance of thorough investigation and evidence gathering before pursuing legal action. 

It is the victim’s call whether to ask for money from an insurance company or person. Talking to a lawyer is a smart move. A lawyer who handles personal injuries can check out the accident and decide if suing is a good idea. Pedestrians often do well if they sue, but it is tougher for drivers to win, especially if they were not hurt but the pedestrian was. Still, only lawyers and judges can make the right call, so it is best for everyone to talk to a lawyer. 

Coretta Anthony-Smith

Coretta specializes in handling various insurance disputes and personal injury cases, holding licenses to practice law in all Florida counties and federal courts. Actively engaged in legal committees and community service organizations, Coretta is dedicated to making a positive impact both in and out of the courtroom. Additionally, she was a contributing editor on the Tenth and Eleventh Editions of The Florida Bar’s, Florida Automobile Insurance Law, No-Fault Insurance (2018 and 2019).