A recent accident in Destin resulted in the death of a pedestrian who had just left the Red Door Saloon. The Okaloosa County Sheriff’s Office says the victim was a 53-year-old man and was the third pedestrian killed on Highway 98 in Destin this year.
According to police, the vehicle involved in the collision was heading eastbound when it reportedly struck the pedestrian. However, witnesses to the accident say the victim stepped into the outside eastbound lane too late for the driver to reasonably be able to avoid him.
The pedestrian was pronounced dead at the scene and the driver is not facing charges.
Drivers not always liable in pedestrian accidents
Drivers will be held liable in the majority of vehicle-pedestrian accidents, but not all of them. The biggest exception is if the driver could not have reasonably avoided the pedestrian, as in this case, due to the pedestrian suddenly appearing on the roadway unexpectedly.
Otherwise, most other cases would result in the driver being liable, thus giving victims a path to collect damages in a personal injury case. Even if the pedestrian was not walking in a crosswalk at the time of the collision, the driver in the accident could still be considered liable if he or she had a reasonable amount of time to slow down or avoid the jaywalking pedestrian.
If you or a loved one has been injured in a pedestrian accident, speak with an experienced Bradenton personal injury lawyer at Shapiro, Goldman, Babboni, Fernandez & Walsh right away.