Truck versus Pedestrian Accident Leaves Florida Man Dead

By Orlando Personal Injury Attorney on August 31, 2018

A Florida man was killed Saturday while out for a walk on US Highway 1. According to the Florida Highway Patrol (FHP), the 39-year-old male was walking southbound on US 1 when, for an unknown reason, he walked directly into the path of an oncoming Dodge pickup truck. The pedestrian was pronounced dead at the scene, while the driver of the truck was not injured.

This case is typical of a truck versus pedestrian accident in that the pedestrian was left dead. Because of the force that an oncoming vehicle creates, such accidents often result in serious injuries or death. However, this case is unique in that it seems that the pedestrian was at fault. Usually, a car will not see a pedestrian crossing a sidewalk or walking along a shoulder. In such cases, the injured pedestrian is able to file a personal injury lawsuit against the driver for damages. To do so, the injured party must prove that the driver had acted negligently and that this negligent act is what caused the accident and the injuries. Common examples of negligence are driving too fast, driving while distracted or driving without using one’s headlights. In cases where the pedestrian is killed, his or her surviving family can seek damages by filing what is called a Florida Wrongful Death claim.

The case at hand, however, seems to indicate that the pedestrian was the one to have acted negligently. Although the accident remains under investigation, according to the facts, the pedestrian acted negligently by walking in front of the oncoming car. Granted, maybe the truck driver was not paying attention and, if he had, would have been able to avoid hitting the pedestrian. Or maybe the driver should have moved over to an outside lane. In either case, one could argue that the truck driver had acted negligently and thus could be held responsible (or partially responsible) for the death. However, in all likelihood, the pedestrian’s negligence (i.e., walking in front of an oncoming vehicle) will be determined to be the main cause of his death. Thus, according to Florida’s contributory negligence law, he (or in this case, his surviving family members) will not be allowed to collect damages.

To learn more about negligence and how it could impact your right to collect damages, contact the Law Offices of James O. Cunningham, P.A. today.

Sources:

• Pedestrian struck, killed on US 1 in Ormond Beach

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.