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Lakeland Pedestrian Accident Lawyers

It’s an all-too-familiar situation. Someone is out on an evening walk around the neighborhood. Somebody else is making a quick drive to the store to grab some last minute items. Somewhere in between, the car hits the pedestrian, and the question is: Who is at fault?

As with all personal injury claims, in a pedestrian accident, the question of fault will always come down to determining who was negligent. In Polk County pedestrian accidents, it is possible that the driver, the pedestrian or, in some cases, both are negligent. Determining negligence is important as any decision on compensation owed will be based on this finding.

A driver can be found negligent when he fails to operate with a certain duty of care to the pedestrian. Examples of a driver being negligent include these:

At the same time, the pedestrian can be found negligent when he or she does the following:

  • Crosses a street when the signal indicates "Don’t Walk"
  • Walking into to the flow of traffic
  • Failing to cross at a crosswalk
  • Running in front of an oncoming vehicle

In many pedestrian accident cases, it can be argued that both parties were negligent. When this happens, making a determination of negligence, and thus compensation, becomes much more complex. In deciding such cases, a court will typically rely on such legal theories as contributory negligence (when the pedestrian contributed in any way to the accident, the car driver will not be held liable) or comparative negligence (when both parties are at fault, compensation will be split based on percentage of fault).

Clearly, the issue of determining fault in a pedestrian accident can become complex and frustrating. As this determination is the key to getting the compensation you deserve, it is highly advised that a victim of a pedestrian accident consult with an experienced Florida pedestrian accident attorney.

Since 1977, James Cunningham has been helping Lakeland pedestrian accident victims receive justice and fair compensation. To ensure you get the compensation you deserve for your pedestrian accident injuries, contact the Law Offices of James O. Cunningham, P.A., at 863-968-7551 for a free initial consultation.

  • Walt Disney World Claims Department Employee

    I was involved in a motor vehicle accident where the other driver ran a red light and my car was a total loss. I was referred to James Cunningham due to the fact that our attorney’s have been very impressed with James Cunningham’s work. This fact turned out to be very true as Mr. Cunningham helped me win my case to a full and maximum settlement.

    - a Personal Injury client
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
                 (877-354-6587)
Fax: 407-843-8274

Seminole County

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

Osceola County

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

Volusia County

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

Hillsborough County

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

Marion-Sumter Counties

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