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Who is liable in school zone pedestrian accidents?

On Behalf of | May 27, 2024 | Personal Injury |

As a parent, the safety of your child is always a top priority. Unfortunately, pedestrian accidents pose a high risk in Florida, with the state consistently ranking among the top in the nation. When such incidents happen near schools, you might wonder who could be liable for your child’s accident.

Traffic regulations in school zones

Florida has specific traffic regulations in place to enhance safety in school zones. Drivers must adhere to reduced speed limits, prohibitions on passing and requirements for stopping for school buses. They must also yield to pedestrians in crosswalks and obey signals from school crossing guards. If drivers fail to adhere to these regulations, they can face fines, license suspension or criminal charges.

Liability in school zone pedestrian accidents

Determining liability in pedestrian accidents can be complicated, more so when they happen near schools. There can be several factors contributing to these accidents. It can be driver negligence, poor road design or even the actions of the child. To establish liability, a thorough investigation of the accident is necessary. This can include gathering witness statements, reviewing surveillance footage and examining the accident scene.

Negligence in pedestrian accidents

Negligence is a key factor in determining liability in pedestrian accidents. Drivers have a legal duty to exercise reasonable care and yield to pedestrians, especially in school zones. If a driver fails to exercise reasonable care, they could be held liable for any resulting injuries. However, Florida follows a comparative negligence system. This means that the court may also inspect the pedestrian’s actions to determine if they contributed to the accident.

How a lawyer can help

Pedestrian accidents involving children can be legally complex. That is why seeking the guidance of an experienced personal injury attorney would be beneficial. They can conduct a thorough investigation of the accident, identify all potential liable parties and negotiate with insurance companies on behalf of the family.

School zone pedestrian accidents are a tragic reminder of the need for vigilance and care on our roads. Florida’s traffic regulations aim to enhance safety in school zones, but accidents could still happen. Determining liability in these cases can be intricate. With a capable lawyer on your side, you can ensure that your rights are protected and that justice is served.