Getting struck by a vehicle can leave you disoriented and concerned, particularly if you were jaywalking. You might question whether you still retain legal rights or eligibility for compensation. Here is what you need to know if you find yourself facing these circumstances.
Jaywalking and fault in Florida
In Florida, jaywalking does not absolve a driver of responsibility. Drivers must exercise reasonable care, regardless of whether a pedestrian crosses improperly. If a car strikes you, the law assesses both your actions and the driver’s conduct. This evaluation follows the principle of comparative negligence. You may still recover damages, although your percentage of fault could decrease the compensation you receive.
Steps to take after the accident
Prioritize your health immediately. Seek professional medical attention, even if your injuries initially seem minor. Certain injuries may manifest hours or days later. If you are able, collect evidence at the scene. Take photographs, gather witness contact information, and obtain a copy of the police report. Maintain detailed records of your injuries and medical treatments to strengthen any future claims.
Can you still seek compensation?
Yes, you can pursue compensation for your injuries. Even if you crossed outside of a designated area, Florida law permits injured pedestrians to claim damages for medical expenses, lost income, and pain and suffering. The driver’s insurance coverage might still address part or all of your financial losses. Do not assume jaywalking completely invalidates your legal options.
A clear understanding of your rights after a pedestrian accident empowers you to make informed decisions. Avoid allowing misconceptions about jaywalking to deter you from asserting your legal interests. Florida law acknowledges that both drivers and pedestrians bear responsibilities on the road. You deserve the opportunity to focus on recovery without unnecessary legal confusion.