Pedestrian Killed on First Day of School Outside Orlando: Who Is At Fault?

A pedestrian recently was hit and killed in the early morning hours of the first day of school in Osceola County outside Orlando. According to a report from the Orlando Sentinel, the accident resulted in a crash that backed up traffic for miles and delayed school buses on the first day of classes. According to the Florida Highway Patrol (FHP), the pedestrian stepped into the street directly in front of a vehicle, which hit him.   A second vehicle, unable to stop in time, then also hit the pedestrian. The pedestrian was pronounced dead upon the scene.   The FHP is still investigating the accident to determine who was at fault in the fatal accident. Pedestrian deaths are unfortunately extremely common in Florida and often can be attributed to drivers not driving carefully when pedestrians are present. Nevertheless, such accidents can also be caused if pedestrians are not following the duties imposed upon them by Florida law

What are a Motorist’s Duties under Florida Law When Pedestrians Are Present?

Motor vehicle operators in Florida have special, heightened duties to drive safely in order to avoid accidents when pedestrians are present. The dangers are such that the Florida Legislature has specifically enacted legislation setting forth a driver’s duties when pedestrians are present. According to Florida Statutes Section 316.130(15), Florida drivers are required to “exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle.” This law requires that, when encountering a red traffic light, drivers must stop before reaching a crosswalk.

Does Florida Law Impose Any Duties On Pedestrians When Interacting with Motor Vehicles?

Pedestrians also have their own corresponding duties under Florida law. Pedestrians have a general duty under Florida law to exercise reasonable caution when crossing roads or interacting with motor vehicles on Florida’s roadways. Under Florida Statutes Section 316.130, pedestrians must obey all laws applicable to non-vehicles on Florida’s roadways. Pedestrians are also required to obey any and all traffic control signals at intersections. Therefore, if the deceased pedestrian in the article mentioned above crossed the road against a signal, then he may have violated Florida law in the process and may not have a claim against the drivers of the cars that hit and killed him.

Contact Schwed, Adams, Sobel & McGinley if You or a Loved One Have Been Injured in a Pedestrian Accident Involving a Motor Vehicle

Pedestrians in Florida are often injured or even killed by motor vehicles whose drivers are operating their vehicles carelessly or negligently. If you are a pedestrian who has been injured or a loved one who had a pedestrian who was killed in an accident involving a motor vehicle in Florida, contact the experienced auto accident lawyers of Schwed Adams today at (877) 694 6079 or contact@schwedlawfirm.com. Our firm has extensive experience in representing personal injury victims, including pedestrians injured or killed by a motorist who was not paying attention while driving.   Contact our experienced attorneys today for a free consultation.

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