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Orlando Pedestrian Hit while Crossing Street

By Orlando Personal Injury Attorney on January 12, 2018

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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Florida Personal Injury Office Locations

Main Office

Orlando Personal Injury Office:
3117 Edgewater Dr
Orlando, FL 32804
Phone: 407-425-2000
Toll Free: 877-FL-INJURY
Fax: 407-843-8274

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Lake Mary Office:
1001 Heathrow Park Lane
Suite 4001
Lake Mary, FL 32746
Phone: 407-487-4408

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17 S. Orlando Ave.
Kissimmee, FL 34741
Phone: 407-966-4408

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Daytona Beach Office:
1301 Beville Rd., Suite 8
Daytona Beach, FL 32119
Phone: 386-243-4994

DeBary Office:
465 Summerhaven Drive, Suite C
DeBary, FL 32713
Phone: 386-320-3911

Deland Office:
Downtown Executive Center
120 South Woodland Blvd.
Deland, FL 32720
Phone: 386-206-1264

Citrus County

Inverness Office:
110 North Apopka Ave.
Inverness, FL 34453
Phone: 352-205-4341

Polk County

Lakeland Office:
1102 S. Florida Ave., Suite 104
Lakeland, FL 33803
Phone: 863-968-7551

Winter Haven Office:
325 Avenue A, N.W.
Winter Haven, FL 33881
Phone: 863-968-7173

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Tampa Office:
100 S. Edison St. Suite D
Tampa, FL 33606
Phone: 813-355-9772

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The Villages Office:
3420 U.S. Hwy. 27/441
Fruitland Park, FL 34731
Phone: 352-419-0825

Lake County

Mt. Dora Office:
602 East 5th Ave.
Mt. Dora, FL 32757
Phone: 352-436-4696

Clermont Office:
900 W. Highway 50
Clermont, FL 34711
Phone: 352-503-4674

Brevard County

Titusville Office:
506 S. Palm Ave.
Titusville, FL 32780
Phone: 321-222-7300

Cocoa Office:
96 Willard Street
Suite 206,
Cocoa, FL 32922
Phone: 321-757-1373