Quote:
Originally Posted by Fredman
If the cart driver was paying attention the accident could have been avoided. You hit a pedestrian you are at fault period
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Actually not always, there are several cases in which the pedestrian can be at fault.
Jaywalking or crossing outside of the cross walk
Crossing against traffic control signals
Crossing freeways/highways and other road ways without traffic controls, and
In a non-emergency situation, walking along freeways, highways, bridges, and other areas where pedestrian access is prohibited by law.
I believe Florida is a "comparative negligence" state. This means that in a lawsuit, both driver and pedestrian can be ruled to have a percentage of total fault. In this sad case, the walker should have been on sidewalk, and the driver was not attentive. A judge might rule they both have 50% responsibility.