Investigators in Orlando are trying to figure out what’s behind a car-pedestrian accident that left one dead. According to local police, a woman was pushing a man in a wheelchair within a marked crosswalk at the intersection of Orange Avenue and King Street – which just so happens to be where Florida Hospital is located.
Although investigations continue, it is known that the vehicle responsible was turning a corner when they hit the wheelchair. Police reports also note that multiple vehicles were involved, although only one hit the man in the wheelchair. The driver of that vehicle stayed on the scene after the crash and, at least at this time, no arrest have been made.
Car versus pedestrian accidents are always dangerous. As can be seen here, even a car turning a corner at a relatively slow speed can kill a pedestrian. These types of cases are also difficult from a legal standpoint. For example, trying to decide who is at fault can be a challenge.
From the facts known in this case, the pedestrians were crossing in a marked crosswalk, meaning it is likely not their fault. What we don’t know is whether this intersection was controlled by a stop light and walk/don’t walk signal or a stop sign, or whether it was an uncontrolled intersection. Did the driver fail to yield? If so, then they will likely be found at fault.
There’s also the issue of the accident happening at night. Maybe the driver was driving cautiously but failed to see the crossing pedestrians because of inadequate lighting? Or maybe the crosswalk wasn’t well marked and so the driver simply wasn’t expecting to encounter the pedestrians as they turned the corner? In these cases, fault could go to the city or the property owner (the hospital) for failure to provide safe lighting and markings.
Why is determining fault important? Because this is the first step in filing an Orlando personal injury lawsuit. According to the law, the pedestrians (and/or their surviving family) have the legal right to seek compensation for their losses from the person or entity who caused the injury or death.
To learn more about how the issue of fault could affect your personal injury claim, contact the Law Offices of James O. Cunningham, P.A. and schedule your free initial consultation.
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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