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Port Orange Pedestrian Accident Attorney

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When you or a loved one is involved in a pedestrian accident, the consequences can be devastating. The physical and emotional toll of such accidents can be overwhelming, leaving you with medical bills, lost wages, and a long road to recovery. If you're in Port Orange, Florida, and have been the victim of a pedestrian accident, you need a dedicated and experienced legal team by your side. 

Politis & Matovina, P.A. is here to help.

To learn more about your legal options, call (386) 333-6613 or contact us online for a free consultation.

What is a Pedestrian Accident?

A pedestrian accident, also known as a pedestrian-vehicle accident, is a type of traffic accident that occurs when a pedestrian, someone who is on foot and not in a motorized vehicle, is involved in a collision with a motor vehicle. These accidents can result in varying degrees of injury or even death for the pedestrian, depending on the circumstances and the severity of the collision.

Here are some common causes of pedestrian accidents involving motor vehicles:

  • Distracted Driving: One of the leading causes of pedestrian accidents is distracted driving. When drivers are engaged in activities like texting, talking on the phone, using in-car entertainment systems, or even eating while driving, their attention is diverted from the road. As a result, they may fail to notice pedestrians crossing the street or walking along the road.
  • Speeding: Excessive speed reduces a driver's reaction time and the distance required to stop a vehicle. Speeding drivers are more likely to be unable to stop in time when a pedestrian suddenly enters their path or is in a crosswalk.
  • Failure to Yield: Drivers are required to yield the right of way to pedestrians in crosswalks and at intersections, as pedestrians typically have the right of way in these areas. Accidents occur when drivers fail to adhere to these rules, leading to collisions with pedestrians.
  • Driving Under the Influence (DUI): Drivers who are impaired by alcohol or drugs are more likely to engage in reckless behavior, have impaired judgment, and experience decreased motor skills. Impaired drivers are at a higher risk of striking pedestrians.
  • Reckless Driving: Reckless behaviors such as aggressive driving, running red lights, making illegal U-turns, or failing to stop at stop signs can lead to pedestrian accidents. These actions can catch pedestrians off guard and result in collisions.
  • Poor Visibility: Low visibility conditions due to factors like inclement weather, fog, darkness, or obstructed views can make it difficult for drivers to see pedestrians, especially when they are not wearing reflective clothing or using pedestrian crosswalks.
  • Backing Accidents: Sometimes, pedestrians can be struck by vehicles when drivers are backing out of driveways or parking spaces without checking for pedestrians behind them.
  • Drowsy Driving: Fatigued or drowsy drivers may have impaired reaction times and reduced attention, making them more likely to miss pedestrians in their path.
  • Inexperienced Drivers: Inexperienced or young drivers may not be as skilled at recognizing and responding to potential pedestrian hazards.
  • Mechanical Failures: Mechanical failures such as brake malfunctions or tire blowouts can lead to drivers losing control of their vehicles, which can result in pedestrian accidents.
  • Obstructed Vision: Objects like trees, bushes, or improperly parked vehicles can obstruct drivers' views, making it difficult for them to see pedestrians approaching the road or crossing it.
  • Pedestrian Errors: In some cases, pedestrian accidents can occur due to the actions of the pedestrians themselves, such as jaywalking, crossing against traffic signals, or walking in areas where pedestrian access is prohibited.

Who is Liable in a Pedestrian Accident?

In Florida, liability for a pedestrian accident can vary depending on the specific circumstances of the incident. Several parties may potentially be held liable for a pedestrian accident.

Here are the common parties who could be liable for causing a pedestrian accident:

  • Negligent Drivers: In many pedestrian accidents, the primary party held liable is the motor vehicle driver involved, whether that be a car, truck, or motorcycle. If a driver's negligence, recklessness, or violation of traffic laws contributed to the accident, they can be held responsible for the injuries and damages sustained by the pedestrian. This may include cases where drivers were distracted, speeding, under the influence of drugs or alcohol, or failed to yield the right of way.
  • Pedestrian Negligence: Pedestrians also have a responsibility to exercise due care for their safety. If a pedestrian's actions contributed to the accident, such as jaywalking, crossing against traffic signals, or walking in areas not designated for pedestrians, they may be considered partially or wholly at fault. Florida follows a system of comparative negligence, which means that even if the pedestrian is partially responsible, they may still be eligible for compensation, but the amount may be reduced based on their degree of fault.
  • Government Entities: In some cases, poor road conditions, inadequate signage, or malfunctioning traffic signals may contribute to pedestrian accidents. If a government agency responsible for maintaining the roads failed to do so properly and this negligence led to the accident, they could be held liable. However, suing government entities can be more complex and subject to specific legal requirements and limitations.
  • Third Parties: In some situations, a third party may share liability. For example, if a vehicle had a mechanical failure caused by improper maintenance, the vehicle owner or maintenance provider might be held liable. Similarly, if a driver was operating a company vehicle at the time of the accident, their employer may share liability.
  • Manufacturers: If a defect in a vehicle or its components was a factor in the accident, the manufacturer of the vehicle or the specific part may be held liable. This would fall under product liability law.

If you were injured in a pedestrian accident, you should not have to worry about how you are going to pay for your medical bills, lost wages, and other damages. Our firm can help you identify all of the parties that might be liable for your injuries and help you recover the compensation you need.

For a free consultation with our firm, contact us online or call (386) 333-6613.

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