A 72-year-old man from Navarre was struck and killed by a car in Okaloosa County, FL as he attempted to cross the street during the evening hours of August 15th [Source: WJHG]. Florida Highway Patrol says the pedestrian failed to use the crosswalk when crossing the road at around 9:00 p.m., making it difficult for the driver to see him. Sources have not yet identified the driver or the victim.
Can a pedestrian recover damages after an accident even if he/she was partially at fault?
If you were injured in an accident while crossing the road in Fort Walton Beach, FL and you believe both you and the driver played a role in causing the incident to transpire, you may still be entitled to collect damages given you can prove the driver was negligent. For example, let’s say you crossed the road at a random place rather than an intersection or crosswalk and the driver who hit you was speeding well beyond the posted speed limit. In this case, it would be wise to consult with a Fort Walton Beach, FL accident attorney as they can assess the situation and determine if you have a viable case.
Now, the reason why an individual who was partially responsible for an accident can pursue legal action and recover damages is because Florida follows comparative fault laws. Florida law states that “In a negligence action, contributory fault chargeable to the claimant diminishes proportionately the amount awarded as economic and non-economic damages for an injury attributable to the claimant’s contributory fault, but does not bar recovery.” Essentially, what this means is that even if you were 20% or 50% at fault for causing an accident, you can still make an attempt to recover damages. However, because your actions did contribute to causing the accident, your award, given you win your case, would be reduced by your percentage of fault.
What is the difference between economic and non-economic damages?
Economic damages refer to things like past lost income and future lost income, medical expenses, lost support and services, replacement value of lost personal property, loss of appraised fair market value of real property, etc. These damages are often easier to value as opposed to non-economic damages which include things like pain and suffering, mental anguish, loss of consortium, etc. It is always a good idea to have an accident lawyer in Fort Walton Beach, FL assess your damages rather than attempting to do so yourself.
Now, if you or a loved one were injured in an accident in Fort Walton Beach, FL and would like to have an accident attorney estimate what your case might be worth, contact Browning Law Firm today. The lawyers at Browning Law Firm will assess your injuries, losses, and the overall impact the accident has had on your life and determine how much you are entitled to for each.
Browning Law Firm can be reached at:
418 Racetrack Rd. NE, Ste B
Fort Walton Beach, FL 32547