Pedestrian and Bicycle Accidents: Crosswalks, Right of Way, and Shared Fault Issues

Contrary to popular belief, it is not always clear in a pedestrian or bicycle accident who is at fault. What began as a fun ride through the warm South Florida air can turn into a painful, stressful ordeal. The legalities of who is at fault for this type of accident are often difficult to determine. After all, a cyclist or pedestrian may come into contact with a vehicle with little to no notice. 

What To Know If A Pedestrian Or Bicycle Accident Takes Place at a Crosswalk?

Crosswalks and intersections are places where it becomes quite dangerous for both cyclists and pedestrians. As a driver attempts to make a turn through the intersection, it is not unusual for the vehicle to fail to yield to oncoming pedestrians or cyclists. The result may be a preventable accident. The ability to analyze the points of impact and the diligence in obtaining and reviewing traffic footage will determine which party is at fault. 

Determining Whether a Right-Of-Way Violation Occurred

Liability in a pedestrian or bicycle accident case often comes down to the small details that are often overlooked. The difference in seconds will go a long way towards determining what share of the blame each party bears. 

As often occurs in a pedestrian or cyclist accident, the vehicle driver and the pedestrian or cyclist will disagree on what exactly occurred at the moment of impact. The color of the light, which party had the right of way, and if the driver, cyclist, or pedestrian was distracted, will all play a role in determining fault in the accident. 

A major part of reviewing the events of an accident involves making a determination about whether the vehicle driver saw the pedestrian or cyclist before impact. It may have been that the accident occurred at night or in a location with subpar lighting. In that case, visibility may be a mitigating factor when it comes to determining fault for the accident. 

Shared Fault in a Florida Pedestrian or Cycling Accident

In a comparative negligence state like Florida, responsibility for an accident can be split between the parties involved. This does not necessarily mean that a pedestrian or cyclist will not be able to recover damages if they are found to be partially at fault for the accident. Rather, their recovery could be reduced based on the percentage of fault that they bear.  

At 50% or less responsibility, a cyclist or pedestrian will still be able to recover damages. However, that recovery will be reduced by the percentage of fault assessed against them. 

If a cyclist or pedestrian is found to be 51% (or more) at fault for an accident, then they lose their ability to recover damages of any kind.

Contact an Experienced Florida Bicycle Accident Attorney Today

Speak with Difilippo & Pica, PLLC today for a free case review. We take on challenges on behalf of our clients and fight tirelessly for their rights. When you have been injured, contact a South Florida bicycle accident attorney.