Intoxicated Pedestrian Killed in Crash
When a person gets hit by a car, the driver is often the one to blame. Why weren’t they watching where they were going? Were they speeding?
The driver often gets interrogated and even wrongly blamed for such a crash, but sometimes the pedestrian is the one at fault. For example, what if a person is lying down in the middle of the road? Would the driver still be liable?
This is something to consider because a situation like this recently happened just outside Boca Raton. A 31-year-old woman was “displaying abnormal behavior” at the intersection of Palmetto Park Road and State Road 7.
The woman, from Boca Raton, was in the roadway on the evening of March 22. She was wearing a black shirt and jean shorts when she sat down in the outside turn lane of westbound Palmetto Park Road.
At the same time, a Chevrolet Silverado truck, driven by a 45-year-old man from Parkland, was heading west on Palmetto Park Road and approaching State Route 7 on a green traffic signal. While the driver had the right of way, he did notice the woman and applied his brakes to slow down but could not stop in time.
The impact caused the pedestrian to go underneath the truck. She died at the accident scene. According to the accident report, alcohol and drugs were a factor on the pedestrian’s part. It is unknown if the driver is facing any charges.
What is Pedestrian Negligence?
Despite what you may hear, pedestrians do not always have the right of way and drivers are not always at fault. Pedestrians can contribute to accidents due to their own negligence or reckless or erratic behavior.
Pedestrian negligence consists of various actions, such as jaywalking, crossing the street outside a crosswalk, not following traffic signals, and even wearing dark clothing at night.
The pedestrian’s negligence may be the sole cause of the accident. In some cases, the driver’s negligence may play a role to some degree. For example, a pedestrian may dart in front of a car, but maybe the driver was speeding and unable to stop in time, so that may play a role in terms of liability.
Is the driver liable? Like any personal injury case, there are several elements that must be met in order for an injured pedestrian to receive compensation:
- The driver owed the pedestrian a duty of care.
- The driver breached the duty of care because of negligence.
- That negligence resulted in the pedestrian’s injury
Contact a Personal Injury Lawyer Today
Drivers are not always the liable party. Sometimes pedestrians engage in odd or reckless behavior that can cause them to get hit and suffer catastrophic or fatal injuries.
Whether you are a driver or pedestrian involved in a pedestrian crash case, let a Bradenton pedestrian accident lawyer from Cahall Law Firm help you understand liability as well as your legal options. Schedule a free consultation by calling (941) 281-2019 or filling out the online form.
Source:
wptv.com/news/palm-beach-county/region-s-palm-beach-county/pedestrian-displaying-abnormal-behavior-at-intersection-west-of-boca-raton-struck-killed
