A car versus pedestrian accident in Orlando left one person in the hospital. According to local police, the accident happened on Orange Blossom Trail, just south of Lee Road, at around 7:00 am on Tuesday. As a pedestrian was crossing the northbound lanes of Orange Blossom Trail, he was hit by an oncoming vehicle. Emergency first responders took the victim to the Orlando Regional Medical Center for treatment to serious injuries and trauma. His current condition is unknown.
As police say the vehicle involved in the accident stayed at the scene at that no charges are pending at this time, it seems that the pedestrian was not crossing at a marked pedestrian crosswalk. This is important as it could affect the amount of compensation the victim is able to recover – perhaps even prohibit him from recovering anything at all.
According to Florida law, a person injured by the negligent act of another has the right to be compensated for their injuries. Thus, in the case at hand, if the driver of the vehicle was somehow acting negligently – such as driving while texting or speeding – and this negligent act caused the driver to hit and injure the pedestrian, then the pedestrian could sue the driver for damages.
However, if the victim was also negligent, and their negligent contributed to them being injured, then the court can reduce the amount of compensation. For example, in the case at hand, the pedestrian was not crossing at a crosswalk. If a court finds that although the driver was driving negligently, but that if the pedestrian had crossed at a crosswalk the accident would have been half as likely to happen, then any money the victim receives will be cut in half. If, however, the court finds that the accident only happened because the victim crossed in the middle of the street, then the victim’s compensation will be reduced to zero.
Clearly, the issue of contributory negligence is complex. To learn more about how it could impact your right to compensation, 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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