A 35-year-old man from Bradenton was hit and killed by a vehicle while attempting to cross 53rd Avenue West during the late hours of Thursday, February 7.
According to the Florida Highway Patrol, the accident occurred at approximately 9:29 p.m. The man was trying to cross the street near the intersection of 53rd Avenue West and 30th Street West, but was not in a marked crosswalk. The driver of the 2003 Subaru WRX that hit him was a 16-year-old boy from Bradenton.
Responders pronounced the victim dead at the scene. The driver of the car sustained minor injuries.
Who is liable if the pedestrian is not in a crosswalk?
Accident cases involving pedestrians are typically more straightforward if the pedestrian was crossing in a marked crosswalk at the time. By law, motorists must yield the right of way to pedestrians in crosswalks.
Just because a pedestrian is not in a crosswalk, however, does not mean the driver can avoid any liability in the accident. If the driver reasonably had enough time to see the pedestrian and either slow down or otherwise avoid them, he or she could still be considered liable, even if the person on foot was jaywalking.
To that end, if you have been injured in a pedestrian accident, you should still seek the assistance of an attorney. You may be able to recover compensation for your damages, even if you were partially at fault for the accident.
To learn more about your options after a pedestrian accident in Florida, consult an experienced Bradenton personal injury lawyer with Goldman Babboni Fernandez & Walsh.