A pedestrian crossing Berkley Road at the intersection with Leo Drive in Auburndale, Florida was struck on May 15, 2020 at approximately 7:40 p.m. The Ledger indicates that Moses Wearing was driving a 1993 Mercury Villager going southbound when his minivan struck a pedestrian who was attempting to cross.
Berkley Road is a four-lane road with a center turn lane. There are a number of businesses on the west side of the roadway to which the pedestrian was likely headed. Both sides of the street have residential neighborhoods. There is also a church and an elementary school nearby.
This is a stretch of roadway where pedestrians frequently cross but may have to walk a long way to reach a dedicated crosswalk.
What Is The Potential For Legal Liability?
Legal liability for all accidents in Florida are apportioned by the respective percentage of responsibility that a jury believes each party is responsible for. This is called comparative fault.
This is different from contributory fault where the plaintiff is required to be free of any degree of responsibility in order to collect damages.
Under a comparative fault theory, the plaintiff collects damages in proportion to the degree of responsibility of the other party. Going back to this accident, there is an argument that can be made that the driver should have been able to notice the pedestrian attempting to cross the road and should have been able to avoid an accident resulting in the death of the pedestrian.
Further, because of the nature of the area with residential neighborhoods and schools, a driver should be able to anticipate that pedestrians could be present and to pay appropriate attention to the roadway.
Finally, Florida law requires that a driver exercise due care to avoid striking a pedestrian even if the pedestrian is crossing where outside of a crosswalk.
Get Advice From A Personal Injury Lawyer Near You
Defensive driving and paying proper attention to the roadway goes a long way. Florida follows a comparative fault theory of liability for car accidents and does not require that the accident be 100% the other person’s fault. Call Russo Law to talk to a personal injury attorney about how this applies to your case and how a recovery can be made for you. Schedule a free consultation with a Lakeland personal injury lawyer today.