James D. Payer | December 22, 2023 | Florida Law
If you were hit by a car while walking at night, you need to talk to an attorney immediately. Do not let the other party or the police tell you that you were at fault because you were wearing dark clothing or were crossing the street at an unlit or dimly lit intersection. Pedestrians are not required to wear lights, wear bright clothing, or stay off the streets and sidewalks once the sun goes down, and you have the right to file a personal injury claim against the negligent driver who hit you.
The Sad Facts About Nighttime Pedestrian Fatalities
76 percent of pedestrian fatalities occur at night, according to the National Safety Council. The obvious reason for this occurrence is that drivers lack visibility at night compared to the day time. However, this is not the only reason. Drivers at night are more likely to be intoxicated than drivers during the day time. According to the National Safety Council, impaired drivers are most likely to be out on the roads between the hours of midnight and three in the morning. As a pedestrian, you should not be convinced by law enforcement or the other party’s insurance company that it was an unsafe time to be out walking and that you “should have known better,” or other tidbits of un-asked-for wisdom along those lines.
Were You Drunk? It Might Not Matter
If you were hit by a driver that was either intoxicated or had a BAC of 0.0 percent, but you were intoxicated to some degree yourself, your case may be more difficult to win. However, it is not illegal to be intoxicated in public unless you are intoxicated to the degree that you are likely to hurt yourself, another person, or property. If you had the right of way at a crosswalk and were hit by a driver who was distracted by his phone, you have the right to sue for compensation even if you had been drinking. If you were on the sidewalk and a car pulled out from a driveway or or parking lot and ran you over, you have the right to sue for compensation even if you were fully drunk, as long as it can be proven that your intoxication did not contribute to causing the collision.
Homeless People Are Hit Every Night
As housing prices and rent costs soar, more and more people are forced out onto the streets, and homeless people are dying as pedestrians in shocking numbers. A study by the CDC found that homeless pedestrians die at much higher rates than non-homeless pedestrians. Homeless people are often blamed for being hit simply because the public is biased against them. If you are homeless and were injured as a pedestrian, whether the collision occurred at night or during the day, you can file a personal injury claim for compensation.
The Orlando Pedestrian Injury Attorneys at The Payer Law Can Help
Pedestrians hit at night deserve financial compensation for their damages, period. No matter the circumstances of your incident, the Orlando pedestrian accident lawyers at the Payer Law can help. Call us at 407-307-2979 to schedule a free consultation today.
Contact Our Orlando Pedestrian Accident Law Firm For Help Today
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