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Video: Do pedestrians always have the right of way in an injury accident claim?

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Personal Injury Video Law Tip

“No, pedestrians do not. In fact, there are laws that govern what pedestrians can and cannot do. For example, the crosswalks that permit the pedestrians to cross the street in a designated areas – they are typically not permitted to jaywalk because it’s not a safe area for them to cross. So pedestrians do not always have the right of way.” – Bill Abel

Additional Information: Do pedestrians always have the right of way in accident injury claim?

Pedestrians must obey all laws that apply to them as pedestrians. If a pedestrian breaks a law and is injured that will likely affect their injury accident claim and lawsuit, either barring their claim or creating something called comparative negligence.

Comparative negligence arises when the injured person caused or contributes to the accident. If the pedestrian violates the law and causes the accident, and no one else is at fault, then the injured person will likely bear full responsibility for the accident in a Florida lawsuit.

Pedestrians are typically involved in two types of accidents:

  1. being hit by a car and
  2. tripping and falling

Whether a pedestrian has the right of way is more applicable to a pedestrian who is hit by a car. Under this situation, a pedestrian who violates the law will likely be comparatively negligent as drivers have a duty to drive defensively and be on the lookout for pedestrians.

Personal injury law video number 100030:
Do pedestrians always have the right of way
in an injury accident claim?

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