Distracted Walking & Comparative Negligence: What South Florida Residents Need To Know

Distracted walking accidents take place for a variety of different reasons. As these accidents are seen on the news on a more frequent basis, Florida residents are left to wonder what comes next if they are injured in such an incident. A experienced South Florida personal injury attorney can help.


Many clients are unaware of the prevalence of these types of accidents. Even Florida’s law enforcement officials find themselves embroiled in distracted walking accident controversies on a frequent basis. Sadly, the state is leading the nation when it comes to accidents of this nature. Tragically, according to National Highway Traffic Safety Administration stats, distracted walking accidents lead to one death every two hours.

Unfortunately, both drivers and walkers can become distracted. For pedestrians, headphones and use of cellular telephones are often to blame. These types of accidents can lead to catastrophic injuries and even death. When pedestrians are injured while distracted, a Jupiter or Port St Lucie personal injury attorney is typically left to fight for their clients after insurance agencies attempt to pass the buck and avoid responsibility.

Contributory Negligence and Distracted Walking

Insurance agencies would like for the world to believe that these incidents are solely caused by distracted walkers. This is their way of making sure that the drivers they insure are not held accountable for their actions, and they save money. An insurer will do their best to discourage a distracted pedestrian victim from pursuing a case. However, pardon the pun, but these accidents are typically a two-way street. Drivers have an obligation to be on the look-out for other cars and for pedestrians.

Some walking victims believe that if they are partially at fault because they were distracted, then they have no case. The truth is that comparative fault laws do not bar Florida residents who are partially to blame in these types of accidents from receiving compensation for their injuries. This is important to remember. Proportion of blame is the rule of law in Florida. This is where a personal injury attorney can help because cases of these sorts can be very complex.

Experienced attorneys must be contacted at the outset of the case, so that a client can receive the compensation that they are rightfully entitled to. Insurance company representatives may appear to be helpful in certain instances but rest assured….they are not working with the victim’s best interests in mind. They simply want to reduce their payouts. By taking the time to consult with a law firm that is experienced in this regard, a victim is taking that first crucial client to protect their well-being and the well-being of their family.