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Daytona Accident Attorney – Pedestrian Accidents

Information You Need to Know About Pedestrian Auto Accidents

As a Daytona Beach Injury Attorney, I see the damage caused by careless drivers colliding with pedestrians on Florida road ways. When a pedestrian is hit by a car, the resulting injuries are usually extremely severe. While operating a motor vehicle on Florida streets, there may traffic regulations that regulate driver behavior. There are regulations pedestrians have to follow as well.

Florida Statute 316.130 outlines the traffic regulations that apply to pedestrians in Florida. Much of what is included is common sense: pedestrians shall obey traffic control devices unless otherwise directed by a police office, pedestrians shall walk on the sidewalk when one is provided, no pedestrian shall suddenly leave the curb and run into the path of a vehicle, ect. Some of the regulations may be somewhat surprising, including: where sidewalks are not provided, any pedestrian walking on the shoulder of the road should only walk on the left side of the roadway in a manner facing the traffic approaching from the opposite direction. It is a good idea to become familiar with the Florida traffic regulations as they apply to pedestrians for safety reasons.

I usually get involved with these regulations after a person has been hit by a vehicle and a family member has called to ask us to represent the interests of the injured pedestrian. I routinely see pedestrians violating some of these traffic rules which contribute to the accident occurring. Many times the police officer will even give the pedestrian a ticket for violating the right of way of the vehicle. Please keep in mind that Florida is a Comparative Law State. That means that all parties that contribute to an accident causing damage share in fault by their own percentage. The most important part of Florida Statute 316.130 is section (15). It states: “Notwithstanding other provisions of this chapter, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human powered vehicle and give warning when necessary and exersice proper precaution upon observing any child or any obviously confused or incapacitated person.” Section (15) is so important because it ensures that the driver who is drinking and driving or texting and driving is not absolved of all liability based solely on the fact that a pedestrian violated a section of Florida Statute 316.130.

I have seen insurance companies outright deny liability for their insured drivers causing huge injuries to pedestrians based solely on the fact that the pedestrian was given a citation for violation of right-of -way without taking all circumstances into account. Do not fall for these tricks. Insurance companies are not allowed to decide fault. The decision of who is at fault for and accident is only for a judge or jury to decide.


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