The Florida Highway Patrol recently reported the death of a pedestrian in an accident on Interstate 75.
According to the police, the 41-year-old pedestrian was hit at approximately 11:30 p.m. on Tuesday, October 30, on the southbound section of I-75. He was apparently lying partially between the center and outside lanes at the time of the collision and was struck by a vehicle close to the Clark Road exit.
The driver who hit the man stopped after hitting him and called emergency responders to the scene, but the victim was pronounced dead. Troopers investigated and had to close the southbound section of the interstate for several hours afterward. The accident remains under investigation — there was no initial indication as to why the man was lying down on the highway.
Sometimes pedestrians may be liable for accidents
In most pedestrian accident cases, the driver involved in the collision will be considered the liable party. This is always going to be true if the pedestrian had the right of way, such as when crossing at a crosswalk or with a green walk signal. But it can even be true in cases in which the pedestrian does not have the right of way, so long as the driver had enough time to reasonably notice the pedestrian and slow down or avoid a collision.
Cases in which the pedestrian enters roadways on which they are not allowed, such as busy interstate highways, tend to allow the driver to avoid liability. In addition, in cases in which the pedestrian willingly walks into traffic with the intent of being injured or killed (as occasionally happens in suicides), the driver would not be liable.
For further guidance on determining liability in a pedestrian accident, contact an experienced Florida personal injury lawyer with Shapiro, Goldman, Babboni, Fernandez & Walsh.