To prove liability in any type of traffic-related accident, an individual must be able to show that the party they are looking to hold accountable owed them a duty of care. This means drivers are required to yield to pedestrians who have the right of way as well as operate their vehicles in a safe and cautious manner (i.e. refraining from texting and driving). Additionally, to prove liability, an individual will need to show that the party breached the duty of care and that the breach caused them to suffer injuries.

A driver who refuses to stop for a pedestrian who is in the crosswalk or is distracted and doesn’t see an individual crossing the street could be accused of breaching the duty of care they owe to them if their behavior leads to an accident occurring.

The last step in proving liability in a pedestrian accident is showing the injuries a pedestrian suffered were directly caused by the driver’s breach of duty. When all four elements exist, an individual may be entitled to recover compensation for the injuries and/or losses they suffered.


Examples of Driver Negligence


A driver may be held liable for a pedestrian-related accident if their behavior is what caused it. Some examples of negligence might include:

  1. Speeding. A speeding driver is more likely to collide with a pedestrian than a driver who is traveling at the appropriate speed.


  1. Distracted driving. Drivers who allow their attention to deter away from the task of driving increase their chances of hitting a pedestrian who might be crossing the road or walking near the shoulder if a sidewalk is not available.


  1. Driving while intoxicated. Driving while intoxicated is not only dangerous because it impairs an individuals’ ability to operate their vehicle safely but also because it impairs their judgment.


The National Highway Traffic Safety Administration (NHTSA) estimates that in 2017 alone, 5,977 pedestrians were killed in motor vehicle accidents which equates to about one person every 88 minutes. If an individual was involved in a pedestrian-related accident and is looking to obtain financial relief to cover things like medical expenses and lost wages, they can contact Pappas and Russell, P.A. to obtain legal advice from a Daytona Beach, FL personal injury lawyer.

The Daytona Beach, FL personal injury attorney at Pappas and Russell, P.A. can determine if an accident victim has a valid claim, what their damages are worth, and how to prove liability so that the other party involved in the accident is held responsible for compensating them.


Pappas and Russell, P.A. is located at:


213 Silver Beach Avenue

Daytona Beach, FL 32118

Phone: 386-254-2941


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