The effect of shared fault in a pedestrian accident

On Behalf of | Mar 25, 2022 | Personal Injury |

Unfortunately, accidents involving pedestrians and vehicles are very common.

In straightforward cases where the driver is at fault, determining who pays for damages is easy. However, when the pedestrian shares fault with the driver, it affects the amount of compensation available.

Recoverable damages

Either through an insurance claim or civil suit, you may recover compensation for:

  • The cost of medical bills, both past and future
  • Lost income when you miss work due to injuries
  • Monetary value associated with pain and suffering
  • Loss of earning capacity caused by disability
  • Emotional and mental distress
  • Any expense related to the injury

Sometimes several injuries require home modifications, such as handrails or a wheelchair ramp. If you need in-home care to handle household chores you cannot do while injured, you may also include such expenses in your claim for compensation.

Comparative fault rule

If the pedestrian in an accident violated a road traffic law, that does not automatically mean that they are ineligible for compensation. In Florida, the pure comparative fault rule governs the issue of shared fault.

If the court finds you partially responsible for the accident and your injuries, it deducts your percentage of fault from the awarded compensation. Under the “pure” version of comparative fault, you can still receive compensation if you are more at fault than the defendant. For example, if your percentage of fault is 50% with an award of $50,000, you receive $25,000.

Calculating the percentage of fault is a complicated process that involves thorough fact-finding and careful consideration of all factors contributing to the accident.


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