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Examples of Cases of Pedestrians Hit Crossing the Street

Examples of Cases of Pedestrians Hit Crossing the Street

When a vehicle strikes a pedestrian, the person on foot is likely to suffer serious injuries; more so than those inside the vehicle.

Even though this may seem like adequate justification for drivers to pay for injuries a pedestrian sustains after being struck, pedestrians can sometimes be partially or fully responsible for these accidents. If you are a pedestrian struck by a vehicle, hiring an experienced pedestrian accident lawyer in Florida may give you an edge in recovering compensation to make you whole again.

Below, you will find examples of cases where pedestrians were hit while crossing the street, summarizing the facts and the law.

3 Case Examples of Pedestrians Being Struck by a Vehicle While Crossing the Street

Pedestrian Stepped Out Between Parked Cars In The Middle Of Block And Was Struck By Automobile

Fernandez v. Kaba – District Court of Appeal of Florida, Third District.   June 13, 1978 – 360 So.2d 34

The plaintiff, Verta Fernandez (aka the “victim”), was struck while attempting to cross Flagler Street in Miami. The victim emerged mid-block, close to parked vehicles while attempting to cross the street. According to the victim’s deposition, she couldn’t remember much about the accident or what happened. She also claims she did not see the vehicle, driven by the defendant, Ovidio Kaba, approaching her as she crossed the street.

Witnesses of the accident were unable to add much more information. One did claim they witnessed the plaintiff step out from between parked vehicles “hurriedly.” The defendant said there was no way to avoid the accident, even though he pressed the brakes as soon as the plaintiff was in his view.

The court found the defendant driver was not guilty of negligence because the facts were not in dispute. No facts showed the driver acted in a negligent manner.

Child Using A Crosswalk In The Middle Of The Street Was Hit By A Oncoming Driver

Zadan v. Cohen – District Court of Appeal of Florida, Third District.   March 6, 1961 – 127 So.2d 466 

The plaintiff, Marcia Zadan, a child, was struck in the middle of the street by a vehicle driven by the defendant, Albert Cohen while crossing a marked crosswalk. The plaintiff resided just a block (or so) from the intersection where the car accident occurred and was on her way home when the defendant struck her. The plaintiff stated she wasn’t running but moving quickly at a “fast walk.” She claimed to stop and look both ways before crossing the south to the north. She also stated that she stopped because she was aware that the street was busy at that time of the day.

According to some witness testimony, the plaintiff was running when she was struck and crossing outside the crosswalk boundaries.

According to the court, the plaintiff had a duty to look to her left or west before entering the lanes of Northwest 183rdStreet to determine if vehicles were coming from that direction and if it was safe for her to cross into any lane.

During the trial, the court instructed the jury to determine if the plaintiff’s actions contributed to her injuries since the child admitted that she didn’t check to ensure each lane was clear and that it was safe for her to cross. According to a Metropolitan, Dade County ordinance, pedestrians have the right of way when in a marked crosswalk. However, this doesn’t mean the pedestrian in the right of way is excused from ordinary care.

Under Florida law, pedestrians and motorists have equal rights when in the street. Both have the responsibility of making sure they can move forward safely and not cause an accident.

A judgment was entered in favor of the defendant. Still, the judgment was reversed, and a new trial was set because the judge made an erroneous instruction to the jury about the law on contributory negligence.

Minor Child Killed When She Darted in the Street between parked cars where cars were parked illegally, causing the roadway to narrow.

Preger v. Gomory – Supreme Court of Florida, Division B.   December 11, 1951 –  55 So.2d 541

A minor child in Miami Beach was struck by a vehicle as a pedestrian on the street in front of their apartment house. The child’s father, George L. Knight, brought about the action to recover damages for the wrongful death of their child, who was just five and a half years old at the time of the incident.

At the time of the accident, several cars were parked along the street in a negligent manner because they violated Ordinance 258, Section 29 in the City of Miami Beach. According to this ordinance, standing or parking too close to a curb was not allowed except when needed to obey traffic signs, signals, or regulations, and the vehicle’s operator should not stop, stand, or park their vehicle in a road in any way but parallel with the edge of the road, on the right-hand side, facing traffic, with the wheels on the curbside being within a foot of the edge of the road.

One of the vehicles was parked with the back of the vehicle extending further into the street than the front, which violated the ordinance. This negligence is believed to have contributed to the accident where the child was struck and killed.

At some point, one of the defendants stopped her car to allow two cars heading north to pass. Then that defendant proceeded to the center of the narrow roadway at a low rate of speed (approximately eight mph), passing the vehicle illegally parked. It wasn’t until the vehicle passed that a “thump” was heard. The car was then stopped. Neither defendant saw the child until after they had stopped and exited the vehicle.

The judgment for the defendant was affirmed because, for a jury to find the defendant guilty of negligence, it is necessary to have substantial evidence that negligence actually occurred. That’s because the driver of a car is not chargeable with notice that a pedestrian may dart out from a parked car in the middle of a city block.

Contact Us Today For a Free Case Evaluation

As a Board-Certified Civil Trial Expert for over 38 years, Alan Sackrin has extensive experience dealing with pedestrian car accident cases. He offers a free initial consultation (over the phone or in-person) to answer your questions. When you’re ready to speak with an expert personal injury lawyer about your case, call Alan at 945-458-8655 or send him an email through our contact page.