Pedestrian accidents occur very frequently in places all over the county, including Boca Raton. Such collisions can take place in the form of crosswalks, parking lots, stop signs, etc. Injuries sustained by such wrecks could be very painful and could potentially alter a victim’s life. It is because of these risk factors that a person should take the time learn more about Boca Raton pedestrian accident scenarios. A knowledgeable pedestrian accident attorney is available to provide you with professional insight.
Pedestrians who are injured in a motor vehicle accident may be found liable for a noncriminal traffic violation if they were not adhering to the Florida pedestrian laws, which are specific requirements regarding crosswalks, hitchhiking, sidewalks, and right-of-way. Comparative negligence also comes into play in these situations unless the injured pedestrian was following the laws and regulatory rules pertaining to the proper use of crosswalks.
Boca Raton pedestrian accident scenarios involving vehicles backing up may be avoided when individuals follow the laws specific to pedestrians and individuals operating a motor vehicle. There is an expectation that these individuals exercise due care.
Pedestrians should be attentive to their surroundings, looking in the direction which they are heading and not being distracted by their cell phone, et cetera. Drivers backing out of the parking spot are expected to closely look behind their vehicle and on each side, using their side mirrors. When it is clear, they should carefully back their vehicle out of the parking spot at a slow speed.
In Florida, if a pedestrian is involved in a parking lot accident and the parking lot is on private property, police generally would not respond unless there is significant property damage, physical injury, or the person who calls the police insists that the police come. Boca Raton pedestrian accident scenarios also occur when vehicles are exiting parking lots onto a street. Often, drivers fail to use due care and look both left and right for oncoming traffic before pulling onto the street.
According to Florida Statute 316.130, a pedestrian must not walk on the road when a sidewalk is present. In cases where there is no sidewalk available, pedestrians must walk on the left shoulder of the road facing oncoming traffic.
When a pedestrian is following the Florida laws governing pedestrian travel and is injured involving any motor vehicle, there is generally no comparative negligence, meaning the driver of the motor vehicle is completely at fault. When a pedestrian is not following the Florida pedestrian laws and is injured in a motor vehicle accident, there would likely be comparative negligence, meaning the fault lies with both the pedestrian as well as the operator of the motor vehicle.
Pedestrian accidents involving a school bus most often involve a child or children. School aged children are at a particularly increased risk of being injured in an accident involving a school bus, because they are likely not as vigilant about potential danger as an adult. Children waiting for their bus at a bus stop or exiting or boarding the bus to work or school run the highest risk of being injured or killed in an accident involving a school bus.
In Florida, school buses are required by law to carry personal injury protection insurance, whereas other types of public transportation are not required to carry that same type of insurance. Pedestrian accidents involving public transportation, like a city bus, differ from an accident involving a school bus or private charter bus in that the government-owned bus is not considered a motor vehicle under Florida’s no-fault law and therefore does not carry personal injury protection type insurance.
Pedestrians injured in an accident involving a charter bus or any privately-owned bus are covered by Florida’s no-fault law and are provided with PIP coverage. If the pedestrian who is injured by the bus is a Florida resident, the PIP would generally cover them. If the pedestrian is not a Florida resident but has rented a vehicle during their stay in Florida, the rental car personal injury protection may cover the non-resident pedestrian.
Pedestrians are required to use due care when approaching a stop sign, such as adhering to the principle of looking both ways before crossing and paying attention to the road and vehicles to ensure that the primary focus is on safety. Motor vehicles at a stop sign are required by law to yield the right-of-way to pedestrians. For more information, consult with an attorney about Boca Raton pedestrian accident scenarios today.
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