Pedestrian accidents remain a significant concern on the streets of Fort Lauderdale, Florida. In many areas, unmarked crosswalks pose a challenge when it comes to determining who is responsible in case of an accident.
An unmarked crosswalk refers to a pedestrian crossing that lacks designated markings or signage. Although unmarked crosswalks in Fort Lauderdale may not be as easily noticeable as marked ones, they are still legally recognized as crossing points. If you have been injured crossing an unmarked crosswalk and need legal assistance, Fort Lauderdale pedestrian accident lawyers Schilling & Silvers PLLC can help you understand the complexities of injury cases involving unmarked crossings.
This blog post delves into the principles surrounding pedestrian accidents at unmarked crossings in Fort Lauderdale and explores the factors involved in determining responsibility.
What Are Florida Laws Regarding Negligence and Duty of Care?
In Fort Lauderdale pedestrian accidents, responsibility is often assessed based on negligence – specifically, whether the driver or the pedestrian failed to exercise care, resulting in the accident. Both drivers and pedestrians have an obligation to exercise care towards each other. Drivers must operate their vehicles safely and responsibly, while pedestrians must exercise caution when crossing roads.
Right of Way at Unmarked Crossings in Fort Lauderdale, Florida
In situations where there are no traffic control devices or marked crosswalks, determining who has the right of way at crossings can lead to disagreements. In general, when it comes to crossings in Fort Lauderdale, pedestrians have the right of way. This means that drivers must give way to pedestrians who are crossing the road regardless of whether there are any markings indicating a crossing.
However, pedestrians also have a responsibility to be cautious and not suddenly step in front of vehicles without allowing time for drivers to react.
Various factors having to do with Florida pedestrian laws are taken into account when determining who is liable in a pedestrian accident at an unmarked crossing:
1. Visibility: Was the pedestrian clearly visible to the driver? Factors like lighting conditions, weather, and the time of day can affect visibility. Additionally, obstructions such as parked cars or trees might impact the driver’s ability to see.
2. Speed: Was the driver traveling at a speed that was exceptionally high considering the circumstances? Excessive speed can make it challenging for a driver to respond and stop in time to prevent an accident.
3. Distractions: Were either party distracted at the moment of the accident? Distractions like cell phones, car radios, or engaging in conversations with passengers can divert attention from the road and contribute to accidents.
4. Right of way: Did the pedestrian hold priority at that crossing? Did the driver follow the law by yielding? Failing to give way to a pedestrian who has the right of way can play a pivotal role in determining who is responsible for the accident.
5. Florida’s comparative negligence laws: Florida is a comparative negligence state, and so liability in injury cases, including pedestrian accidents, means that both parties involved may share some responsibility.
In Florida, the amount of compensation awarded to an injured party is reduced based on their percentage of fault. For example, if a pedestrian in Fort Lauderdale is found to be 20% at fault for an accident, their compensation will be reduced by 20%.
To understand laws and guidelines better, it's advisable to consult with a knowledgeable Fort Lauderdale pedestrian accident attorney from a firm such as Schilling & Silvers, PLLC.
Consult With a Fort Lauderdale Pedestrian Accident Attorney Today
Determining who is liable for pedestrian accidents at unmarked crossings in the city of Fort Lauderdale, Florida, can be a complicated process. Various factors, including the level of visibility, speed, distractions, right-of-way considerations, and Florida’s comparative negligence laws, are considered when determining the party responsible for an accident.
If you have been involved in an accident as a pedestrian, it is crucial to seek counsel to safeguard your rights and pursue the compensation you deserve. A skilled pedestrian accident attorney in Fort Lauderdale from Schilling & Silvers can assist you throughout the proceedings and ensure that your best interests are properly represented.
