Partial Fault Pedestrian Accident Claim

Answer:

A client once came in and asked, “Do I have a claim if I wasn’t in the crosswalk when I got hit and I might have been partially responsible for the accident?” It depends on the specific facts, but in general, Florida law recognizes comparative fault. If you have partial responsibility and a jury ultimately determines that you’ve perhaps failed to use reasonable care, under the circumstances, they may apportion a degree of liability or a percentage of fault to you. On the other hand, they may weigh that percentage of fault with the driver of the vehicle that struck you.
In Florida, the driver of a motor vehicle has a duty to exercise reasonable care to avoid striking pedestrians. There may be a question about whether there was ample lighting, that the driver should’ve seen you. There may be a question as to whether or not that driver was distracted by something, perhaps a cell phone or something else that was involved. By the mere fact that you may have been comparatively at fault in this pedestrian accident in which you were struck, that does not mean that you do not have a case to be able to pursue a claim against an at-fault driver that was also potentially comparatively at fault.