Who’s at Fault When a Car Hits a Jogger in Miami, Florida?
With its mesmerizing coastline views and weather close to perfect year-round, Florida is the perfect state for jogging. However, Florida is also home to more jogger and pedestrian accidents than any other state. But who is responsible when a car hits a jogger in Miami or other parts of Florida? How is fault determined in car accidents involving joggers?
When a Vehicle Hits a Jogger
A recent incident in North Miami Beach reminded joggers of the dangers of jogging on the road and sidewalks. As reported by WSVN, video footage showed a vehicle almost hitting a pedestrian. The car crash almost injured a jogger along Northeast 163rd Street and 26th Avenue.
Car crashes involving pedestrians and joggers are caused by many factors. Negligence is almost always to blame for car-jogger accidents in Florida. But who is at fault when a vehicle strikes a jogger? Is it the car driver or the jogger? The answer depends on the circumstances surrounding each particular case.
Causes of Car-Jogger Accidents in Florida?
The following negligent behaviors are more likely to lead to accidents involving joggers in Florida:
- Distracted driving (and distracted jogging or walking). Unfortunately, distractions are a common culprit behind collisions involving joggers and pedestrians. When a driver or jogger gets distracted and fails to pay attention to the road or their surroundings, accidents are bound to happen.
- Drunk driving. Driving under the influence of alcohol or drugs can impair the driver’s reaction time and affect their vision, coordination, and judgment, among other things. Thus, an impaired driver may not be able to stop in time to avoid a collision with a jogger.
- Darting out into the road. Many car-jogger accidents are caused by joggers darting out into the road in front of a vehicle, making it impossible for the motorist to react in time.
- Wearing dark clothing and having no reflective materials at night. While some people prefer to jog when it is getting dark or at night, there is a high risk of a car hitting a jogger who is not wearing light and reflective clothing.
Is the Driver Always at Fault in Car Crashes Involving Joggers?
No. While drivers are responsible for the vast majority of auto accidents involving joggers, a jogger can be partially or fully at fault depending on the circumstances surrounding the crash. It is advised to consult with a skilled personal injury attorney to establish fault in a car-jogger accident.
Either the car driver or the jogger can be at fault for the crash. A driver who hits a jogger is not automatically liable for the collision. When there is a sidewalk, the jogger cannot use the road for jogging. A jogger may be on the road only when there is no sidewalk available. However, the jogger must always stay on the shoulder on the left side of the road and must face oncoming traffic. Also, pedestrians and joggers always have the right of way on crosswalks.
Speak with an experienced Miami car accident attorney to establish fault in your collision involving a jogger. Our lawyers at Pita Weber Del Prado will review the facts surrounding your case to determine liability and help you obtain compensation for your damages. Call at 305-670-2889 to get a case review.