West Palm Beach is a location that is very friendly to pedestrians. Areas of the town are built around people walking to local shops, locals and tourists alike. Unfortunately, drivers do not always obey these pedestrian thoroughfares and accidents occur. At Elstein Legal, our team of experienced pedestrian accident lawyers can help you navigate the legal landscape and receive restitution for your pain and suffering.
West Palm Beach Pedestrian Accident Resources
The state of Florida is notorious for its high rate of pedestrian road injuries and fatalities. According to a Florida Highway Safety and Motor Vehicles survey, Palm Beach County experienced 519 pedestrian accident injuries and 42 fatalities in 2018 alone. If you or a loved one has been injured in a road accident as a pedestrian, then the law can be on your side. Contact our Elstein Legal team today to schedule a free consultation of your case.
Pedestrian Accidents: Determining Fault in West Palm Beach
Despite what many people think, drivers are not always responsible in cases of pedestrian accidents. If a pedestrian tries to cross the street when they do not have the right of way, a court may rule that they were at fault for the accident, not the driver. For example, if a pedestrian crosses the street when they were not supposed to and gets hit, the driver may not be considered at fault and would not be held responsible. So the question comes down to who was at fault for the pedestrian accident.
In Florida, determining fault in a pedestrian accident is based on what is called comparative negligence legislature. According to comparative negligence laws, two people can both be at fault for an accident. Still, one might be entitled to damages because they were less responsible than the other party. The amount the injured party might receive is lessened the more responsibility they bear for the situation.
In general legal terms, “negligence” means acting in a manner that a reasonable person would not, given the same circumstances. It’s kind of like a fancy legal term for “carelessness.”
Proving Negligence after a West Palm Beach Pedestrian Accident
In order to prove negligence, the plaintiff must determine four key things:
- It must be established that the offending party must have a reasonable duty of care. For example, everyone has a reasonable duty of care to follow all applicable laws on the road.
- There was a breach in that duty of care. So if a driver failed to stop at a stop sign or red light, that would constitute a breach.
- Causation must be established. It is not enough that the driver breached their duty of care. It must be shown that the breach is what caused the accident in question.
There also must be what is called real damages. In Florida, these include lost wages, medical expenses, and any other outstanding debts due to the accident.
If these four things are shown, then negligence can be claimed, and the injured party might be entitled to damages pursuant to comparative negligence laws. When it comes to pedestrian accident cases, you or your loved one might be entitled to compensation if it can be proven that the driver either intentionally caused your injury or that they acted negligently and caused your injury.