What is the duty of care in a pedestrian accident case?

The duty of care in a pedestrian accident case is the legal responsibility that an individual owes to other individuals to ensure that their actions do not cause harm or injury. In the state of Florida, all motorists have a duty of care to pedestrians which includes exercising reasonable care and caution while driving, refraining from engaging in reckless and/or negligent actions, obeying posted traffic signs or signals, and remaining vigilant and aware of their surroundings. A pedestrian has the right-of-way at an uncontrolled intersection, within a crosswalk, and/or in a marked crosswalk. When approaching a pedestrian crosswalk, drivers must slow down and come to a complete stop before the crosswalk, leaving enough space for pedestrians to safely cross. If a driver fails to exercise their duty of care and causes an accident resulting in injury or loss to a pedestrian, they may be liable for damages. To prove liability, the plaintiff must demonstrate that the driver breached their duty of care by displaying an act of negligence or carelessness, that this negligence or carelessness directly caused the pedestrian’s injuries, and that the injuries resulted in damages or losses. Common damages that may be claimed include medical bills, pain and suffering, lost wages, and/or reduction in quality of life. If you or a loved one were involved in a pedestrian-related accident, contact a qualified personal injury attorney. They can help you understand your rights and identify the legal remedies available to you.

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