A 73-year-old woman from the Orlando area was killed this week after being hit by a car while crossing the street. According to the Florida Highway Patrol (FHP), the woman was crossing Pershing Avenue, near Redditt Road, around 6:30 PM. She was not crossing in a crosswalk and walked in front of an oncoming car driven by a 31-year-old female from Orlando. The pedestrian was taken to the Orlando Regional Medical Center where she was pronounced dead. The driver of the car was not injured. The FHP is continuing to investigate the accident.
Based on the facts that we have, it seems likely that the pedestrian was at least partially at fault for the accident. In other words, by not crossing in a designated crosswalk and by walking in front of an oncoming vehicle, her actions caused the accident and, unfortunately, her death. However, this does not mean that she (via her estate) cannot be compensated for her injuries. If the driver was, for example, texting while driving or speeding, and because of this did not see the pedestrian or was unable to stop soon enough to avoid hitting her, these could be considered negligent actions. If so, then the driver could be found liable for the pedestrian’s death.
According to Florida law, if the deceased has surviving family members who have suffered a loss because of the victim’s death, they can seek compensation for this loss by filing a lawsuit under Florida’s Wrongful Death Act. Essentially, this act allows a deceased’s victim legal right to compensation to pass on to their surviving dependents. However, because the victim was most likely partially responsible for the accident, any awarded compensation would be reduced by the percent of fault that her own negligence contributed to the accident. This is called contributory negligence. Thus, if the court finds that her walking in front of the car was half the cause of the accident, then any awarded damages would be cut in half.
To learn more about getting compensated for your Orlando automobile accident injuries, 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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