Pedestrian Accident Law

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While you are walking around, you might take your security for granted. Walkways, crosswalks and signals defend you from automobile traffic. In actual fact, however, you are always at a risk while you are walking on or by a road. If you are involved in an accident involving a vehicle, you are at considerable risk of severe injury or even fatality. If the impossible happens and you are injured in a pedestrian accident, or a family member is killed, call a pedestrian accident lawyer immediately.


While the amount Americans travel goes up every year, so do pedestrian deaths. The National Highway Traffic Safety Administration stated that the number of pedestrian deaths in the country grew higher in 2014 than any year over the last 2 decades. If this tendency keeps going the way that it is headed, pedestrian damages and wrongful fatalities will, sadly, keep rising.

Who Qualifies as a Pedestrian?

You don't need to be walking to be defined as a pedestrian. For the determinations of accident responsibility law, a pedestrian is a victim who wasn't inside a vehicle when the accident happen. According to this definition, you are defined as a pedestrian if you were hurt:

  • Fixing your tire
  • Standing outside and cleaning off your windshield
  • Moving on foot
  • In a wheelchair

Who Is responsible?

Finding out who is responsible in an accident is usually complex, but a pedestrian or accident attorney has the experience needed to assist you. According to the law, vehicle operators must show rational caution while driving a vehicle. Assuming they are neglectful or deliberately thoughtless, they are probably going to be responsible for any accident that happens as a result of that. A neglectful driver can:

  • Be sidetracked by someone in their ar or on the phone
  • Not notice a "walk" sign
  • Not notice the crosswalk has someone walking in it
  • Not use their turn signal
  • Misjudge dangerous conditions

A deliberately careless driver can:

  • Text while operating a vehicle
  • Disregard crossing or school signs
  • Deliberately drive quickly through a crosswalk
  • Deliberately drive while intoxicated

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If you or your lawyer can obviously show driver responsibility, you are very likely to gain compensation. Laws in some states supports shared responsibility, so your acts before the accident happened are also important.

As an example, the vehicle operator's insurance might find that you were 25% liable for the incident because of your neglect, so a reimbursement would recover only 75% of your damages. A pedestrian accident lawyer can speak with insurance agents to make sure you get fair compensation.

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West Palm Beach Personal Injury Attorney, Family Lawyer & Divorce Attorney Steven L. Winig, Esq. of is a member of the Palm Beach County Bar Association, and is licensed to practice before all Florida State Courts, as well as the United States District Courts for Southern and Middle Florida. Winig Law routinely handles cases throughout Palm Beach County including West Palm Beach, Boca Raton, Boynton Beach, Delray Beach, Wellington, Jupiter, Palm Beach Gardens, Greenacres, Lake Worth, Royal Palm Beach and surrounding areas.

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