Navigating the aftermath of a pedestrian accident in Orlando can be complicated, especially when it comes to determining fault. Florida’s comparative negligence laws play a critical role in deciding compensation for injured pedestrians. If you’ve been hit by a car in Orlando, understanding these laws is essential for protecting your rights and maximizing your settlement.
What Is Comparative Negligence?
Comparative negligence is a legal concept that allows for fault to be distributed among all parties involved in an accident. In Florida, this means that even if you, as a pedestrian, were partially responsible for the accident, you can still recover compensation — but it will be reduced based on your percentage of fault.
Example:
If you are awarded $100,000 in damages but found to be 20% at fault, your settlement would be reduced to $80,000.
Florida’s Modified Comparative Negligence Rule
As of March 24, 2023, Florida follows a modified comparative negligence system. The updated law specifies:
- If you are found 50% or less at fault, you can still recover damages, reduced by your degree of fault.
- If you are found more than 50% at fault, you are barred from recovering any damages.
This shift from a pure comparative negligence model to a modified comparative negligence model makes it crucial to establish fault accurately in pedestrian accident claims.
Common Scenarios Involving Shared Fault in Orlando
Pedestrian accidents in Orlando often involve shared fault due to the city’s busy intersections, high tourist traffic, and frequent jaywalking. Here are common scenarios:
1. Jaywalking on International Drive or Colonial Drive
Crossing the road outside of designated crosswalks is common in tourist-heavy areas, but it can result in shared fault if an accident occurs.
2. Ignoring Traffic Signals
Pedestrians crossing against a “Don’t Walk” sign on busy streets like Orange Blossom Trail (OBT) or Sand Lake Road can be partially liable for their injuries.
3. Walking While Distracted
Using a mobile phone while crossing streets like Kirkman Road or Vineland Avenue can increase fault if an accident happens.
4. Impaired Walking
Walking under the influence of alcohol or drugs near Wall Street Plaza or Downtown Orlando can contribute to an accident.
How Comparative Negligence Affects Your Compensation
If you are found partially responsible for your accident, your compensation will be reduced based on your percentage of fault. Here’s how it breaks down:
Let’s say it was determined you were 20% at fault and you were awarded $100,000 for your claim. You will actually receive 20% off the awarded amount, which comes to $80,000.
The more fault attributed to you, the less you receive — which is why establishing accurate fault distribution is crucial.
How Chad Barr Law Establishes Fault in Orlando Pedestrian Accidents
At Chad Barr Law, our experienced team knows how to investigate pedestrian accidents thoroughly. We focus on collecting critical evidence to minimize your degree of fault:
- Traffic Camera Footage: Major intersections like International Drive, Colonial Drive, and OBT are monitored by cameras.
- Witness Statements: Eyewitness accounts can clarify who had the right of way.
- Police Reports: Official documentation helps establish initial fault assessments.
- Accident Reconstruction: For complex cases, we bring in experts to reconstruct the incident.
Our goal is to reduce your percentage of fault, maximizing the compensation you deserve.
What Compensation Can You Recover?
If you are injured in a pedestrian accident in Orlando, you may be entitled to:
Economic Damages:
- Medical Expenses: Hospital stays, surgeries, rehabilitation, and ongoing treatments.
- Lost Wages: Time missed from work due to injuries.
- Property Damage: Compensation for damaged personal items like phones or glasses.
Non-Economic Damages:
- Pain and Suffering: Physical pain and emotional distress.
- Loss of Enjoyment of Life: If your injuries prevent you from participating in activities you once loved.
- Scarring and Disfigurement: Financial relief for permanent injuries.
Most Dangerous Intersections for Pedestrians in Orlando
Understanding the most dangerous spots in Orlando can help you stay safer:
- Colonial Drive (SR 50) and Orange Blossom Trail (OBT)
- International Drive and Sand Lake Road
- Kirkman Road and Conroy Road (near Universal Studios)
- John Young Parkway and Colonial Drive (SR 50)
- Semoran Boulevard (SR 436) and Aloma Avenue
Visit our detailed guide on Most Dangerous Intersections for Pedestrians in Orlando for more information.
Related Blogs to Explore:
- Orlando Pedestrian Accidents: Know Your Rights and How to Get Compensation
- Nighttime Pedestrian Accidents in Orlando: Risks and Legal Options
- Pedestrian Accidents in Orlando’s Tourist Areas: Your Legal Guide
- Is Florida a No-Fault State?
Injured in a Pedestrian Accident in Orlando? Call Chad Barr Law Today!
Comparative negligence laws can make your pedestrian accident claim complicated, especially in high-traffic areas like International Drive and Orange Blossom Trail. At Chad Barr Law, we fight to reduce your share of fault and maximize your compensation. Call us today for a free consultation — We don’t get paid unless you do.
