Answer:

I was recently having a discussion with a client at a mediation regarding whether a pedestrian can be partially at fault for an accident here in Orlando, with a motor vehicle. The simple answer is yes. In Florida, we are a comparative fault jurisdiction, which means that on a verdict form, both parties named, the plaintiff and the defendant, the driver and the pedestrian’s names are put on that verdict form and a jury determines the percentage of fault from zero to one hundred percent for each individual. It can be 50/50; it can be 25/75; it can be 0/100.

A pedestrian’s actions can contribute to the accident. That’s why it’s very important to get an experienced trial attorney involved as soon as possible to investigate and determine if there was any comparative fault on the pedestrian themselves and how to minimize that and identify the fault of the driver.

If you or a loved one have been involved in a pedestrian accident and would like to discuss that, please know that we are here to help.