Pedestrian Killed in Bradenton Crash

Walking on Bradenton streets alone can be scary, especially when done in the dark after midnight. Sadly, a recent pedestrian crash has left a woman dead.

The fatal accident occurred in the early morning hours of April 9 on 27th Street E in Bradenton. The woman was allegedly not in a crosswalk when she crossed the street. The driver did not see her and ended up hitting her.

According to the Bradenton Police Department, the woman died at the accident scene. The driver stopped after the accident and cooperated with investigators. Based on preliminary findings, police do not believe the driver is at fault and will likely not face criminal charges. The roadway remained closed for several hours while Bradenton Police Traffic Homicide Investigators investigated.

Liability in a Pedestrian Accident

Liability in Florida pedestrian accidents is not always clear-cut. Both drivers and pedestrians have legal responsibilities, and fault is often shared.

Liability in a pedestrian accident in Florida depends on who was negligent and how the accident occurred. Florida follows a comparative negligence system, meaning fault can be shared between the driver and the pedestrian, and any compensation is reduced by the injured party’s percentage of fault.

Driver Liability

Drivers are often held responsible when they fail to exercise reasonable care. Common examples include:

• Failing to yield at crosswalks.
• Speeding or driving aggressively.
• Distracted driving.
• Driving under the influence.

Florida law generally requires drivers to yield to pedestrians in marked crosswalks and at intersections, making violations a strong basis for liability.

Pedestrian Liability

Pedestrians can also share fault if they act negligently, such as:

• Jaywalking or crossing outside a designated crosswalk.
• Ignoring traffic signals.
• Walking while distracted.
• Entering the roadway suddenly without giving drivers time to react.

If a pedestrian is partially at fault, their recovery will be reduced by their percentage of responsibility.

Comparative Negligence in Florida

Under Florida’s modified comparative negligence rule, an injured party can recover damages only if they are 50% or less at fault. If they are more than 50% responsible, they may be barred from recovering compensation.

Types of Compensation

Injured pedestrians may be entitled to damages such as:

• Medical expenses.
• Lost wages and reduced earning capacity.
• Pain and suffering.
• Rehabilitation costs.

Insurance Considerations

Florida is a no-fault state, so Personal Injury Protection (PIP) coverage may apply initially depending on the circumstances. However, serious injuries often allow victims to step outside the no-fault system and pursue a claim against the at-fault driver.

Evidence That Impacts Liability

Key evidence in pedestrian accident cases includes:

• Police reports.
• Surveillance or traffic camera footage.
• Witness statements.
• Cell phone records.
• Accident reconstruction analysis.

 Contact Us Today

A pedestrian can get hit by a car in just a split second, causing catastrophic injuries and fatalities.

A Bradenton pedestrian accident lawyer from Cahall Law Firm can assess your case and determine liability. Let us get you the compensation you need and ensure justice is served. Schedule a consultation today by filling out the online form or calling (941) 281-2019.

Source:

fox13news.com/news/fatal-crash-overnight-bradenton-claims-life-pedestrian