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:

• Driving while distracted
• Speeding
• Failing to obey traffic symbols
• Not yielding to a pedestrian
• Driving while under the influence of drugs or alcohol

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.