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How Comparative Negligence Can Affect Your Florida Pedestrian Accident Claim


Florida is famous for its beautiful weather and scenery. Because of the beautiful Florida weather and the beautiful sceneries in the Sunshine State, it is no surprise that many people prefer to walk rather than drive. Unfortunately, walking in America remains dangerous. This is especially true in Florida. In Fact, the state of Florida has been ranked the deadliest state in America for pedestrians. According to Smart Growth America, between 2010 and 2019, Florida recorded 5,893 pedestrian fatalities.

Fortunately, you can file a pedestrian accident injury claim and recover compensation if you suffer severe injuries in a pedestrian accident in Florida because of another party’s negligence. However, if, for example, the driver who hit you claims that you came out of nowhere or acted negligently, you may be wondering how that may affect your claim. So, how is fault apportioned between parties in a Florida pedestrian accident case? And can you still recover compensation from the other party if you are also to blame for your pedestrian accident? Read on to find out.

How Is Fault Apportioned in Florida Pedestrian Accident Cases?

Suppose you were jaywalking when your pedestrian accident happened, and the at-fault party’s insurance company decides to use that against you. What happens in such a case? Florida law requires pedestrians to cross the street at spots designated for crossing. Therefore, if you were jaywalking when your Florida pedestrian accident happened, you will be held at least partially liable for your accident and injuries. You may also be held partly responsible for your pedestrian accident and injuries if you were walking while intoxicated or swerved into traffic.

So, how does Florida apportion fault in pedestrian cases? Florida follows a comparative negligence system, which requires fault to be apportioned between plaintiffs and defendants as percentages. For example, if you were jaywalking when another driver hit you because of speeding, the defendant may be deemed 70% at fault for your accident, and you may be considered 30% at fault.

Can You Recover Compensation if You Are Partially Liable for Your Florida Pedestrian Accident?

Fortunately, because Florida follows the pure comparative negligence system, you can still recover compensation even if you were partially to blame for your pedestrian accident. However, you need to note that if it is determined that you were partially to blame for your Florida pedestrian accident, the damages you recover will be reduced by the percentage of your fault. For example, if you suffered damages worth $150,000 and are found 30% at fault, you will only recover $105,000 with 70% of $150,000.

It is crucial to note that because Florida follows the pure comparative negligence system, you can recover compensation in your Florida pedestrian accident injury claim even if you were 99% to blame for your accident.

Legal Help Is Available

Because of the comparative negligence rule’s effect on pedestrian accident cases, it is crucial that, if you were injured in a pedestrian accident, you retain a skilled attorney even if you don’t think there is anything you did wrong. Our Miami personal injury attorneys at The Pendas Law Firm can help you secure a fair outcome even if you are partially to blame for your Florida pedestrian accident. Contact us today to schedule a consultation.

The Pendas Law Firm also represents clients in the Orlando, Fort Lauderdale, Tampa, Jacksonville, Fort Myers, Ocala, Bradenton, Daytona Beach, and West Palm Beach areas.



Read What Others Have To Say About Us

  • “I'm very happy with this firm... Joel is an excellent attorney and Carolyn is an amazing paralegal, After been ditched from another law firm, Pendas took care of me and they won my case. I recommend them 100%...” - Jacksonville -

    Maria Pastor
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    Ben Fitzgerald