Home Lakeland Personal Injury Pedestrian Accidents

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.

Martindale Hubbell | Highest Ethical standing
  • 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

Client Testimonials

5 StarsGreat Service (auto accident)
After totalling my vehicle my father recommended I retain Mr. Cunningham. A little online research lead us to Mr. Cunningham who made this case an easy process and educational. I recommend Jim Cunningham. He is doing a great service. Tyrone, an Auto Accident Client

5 StarsOutstanding Attorney
I was in an automobile accident and didn't know where to turn. My son-in-law recommended James Cunningham and I am so happy I took his advice. James and his staff were very professional and compassionate in guiding me through a difficult time. I highly recommend him. Hilda, an Auto Accident Client

5 StarsExcellent Service
Mr Cunninghan was a consientious, competant attorney and very professional. His service was excellent and we would recommend him highly. Barbara his assistance was also excellent in her services to us both. Lawrence, a Car Accident client

Read Reviews