An Orlando man died after being hit by a car while in a verbal altercation with another person on Sunday. The car versus pedestrian accident happened around 10:00 am on Colonial Drive, where witnesses say they saw the 20-year-old victim standing in the middle of the road arguing with another person. The witness says that the victim crossed Colonial Drive towards the other man, who was standing in the median. At one point, the victim veered away from the median and back into the westbound traffic lanes. Here he was hit by a car driven by a 62-year-old male. The 20-year-old was taken to Orlando Regional Medical Center, where he was pronounced dead.
Normally, when a pedestrian is hit by a car the victim (or their surviving family members) is able to seek compensation for their injuries. They do this by filing a personal injury lawsuit against the driver, claiming that the driver’s negligence caused their injuries. However, in the case at hand, the victim’s right to seek damages would likely be significantly limited – if not prohibited – due to what is called contributory negligence.
Whenever one creates an unreasonable risk to one’s self, a court could apply the concept of contributory negligence. The idea behind the concept is that each individual has a duty to act as a reasonable person. If he or she doesn’t act reasonably, and this failure results in them being injured then that person may be held partially or entirely responsible for the resulting injury – even when another party was involved in the accident.
In the case at hand, the victim walking across a busy street, standing in the middle of it and then veering in front of an oncoming vehicle would likely be considered ‘not reasonable’. Thus, the victim (in this case his surviving family members) would likely have any compensation partially or entirely reduced (depending on how much the court determines the victim’s actions to have contributed to his own death).
Contributory negligence is a complicated issue, but one that could have a significant impact on your right to compensation. To ensure you get the compensation you deserve, contact the Law Offices of James O. Cunningham, P.A. today.
James O. Cunningham
Since 1977, personal injury lawyer James Cunningham has provided effective legal advocacy to people who are injured through the negligent actions of another person or entity throughout the Central Florida area. He fights to obtain recoveries for his clients’ physical and emotional pain and suffering and pursues his clients’ personal injury cases with a commitment to excellence and impeccable preparation.
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