A pedestrian died after being struck by a vehicle while walking near U.S. 41 just south of 54th Avenue West in Bradenton.
The Florida Highway Patrol reported that on the night of Tuesday, September 21 at approximately 10:30 p.m., the 66-year-old pedestrian was attempting to cross the lanes at U.S. 41 at an area that did not have any crosswalks or signals. A passing Toyota sedan hit the pedestrian with its front passenger side, resulting in injuries that proved to be fatal. Doctors pronounced the pedestrian dead at Manatee Memorial Hospital.
Pedestrians can be liable for accidents
In the majority of pedestrian accident cases, the liable party is most likely to be the driver. However, there are some circumstances in which the pedestrian could be considered the liable party, or at least partially liable.
All of these circumstances would require the pedestrian to be outside of a marked crosswalk or crossing against a “no walk” sign. Any time a pedestrian is in a marked crosswalk or has the right of way from a traffic signaling device, it is the responsibility of drivers to yield the right of way to the pedestrian.
Even if the pedestrian is jaywalking, however, the driver could still be considered the responsible party (at least in part) if they should reasonably have been able to see and avoid the pedestrian before hitting them.
Pedestrians may be considered fully liable if they walk out into a busy street with there being no feasible possibility for the driver in question to avoid the collision.
For legal representation if you or a loved one have been injured in a pedestrian accident, contact an experienced Bradenton, FL personal injury lawyer at Goldman, Babboni, Fernandez & Walsh.