A driver may hit a pedestrian who handing out flyers or selling something in an intersection in Florida. If so, the pedestrian may have a personal injury case.
What are some situations where someone is “working” in an intersection?
There are several reasons why someone could be “working” or doing something else in an intersection. Some people earn money by doing the following in an intersection:
- handing out flyers
- selling food, fruits or drinks
- handing out newspapers such as the Homeless Voice
- collecting money for charity
- collecting money for a childrens’ sports team or cheerleading squad
- begging for money
Case Example – Handing Out Flyers in an Intersection in Florida
While delivering pizza flyers to vehicles in an intersection, a vehicle may hit you.
Driver may be liable
In Florida, a jury may find the driver negligent for hitting you. They are within their right to do so.
If a jury finds the driver negligent, then:
- The vehicle owner would also be on the hook as well.
- The driver’s employer would also be liable if the driver was in the scope of his employment.
There may be other parties who you can sue.
Pedestrian may be liable
A jury may find a pedestrian completely, or partially, at fault. If a pedestrian is at fault, the full value of the case is reduced by his percentage of fault.
Pedestrian may be illegally in roadway
The bodily injury (BI) liability insurer will likely argue that you were illegally in the roadway when you were struck. The BI insurer will argue that if it is found negligent to any degree their liability should be substantially reduced based upon the plaintiff’s contributory negligence.
Pedestrian’s case is tougher if sidewalk is available
The court will allow the jury to hear about section 316.130(3), Florida Statutes, which prohibits pedestrians from walking on a roadway paved for vehicular traffic when a sidewalk is available.
If there wasn’t a sidewalk, you should be careful to not mistakenly refer to a pathway as an asphalt strip, or the curb, or call it a sidewalk.
If there wasn’t a sidewalk, the pedestrian may have a stronger case.
What makes a pedestrian’s case tough if a vehicle hits him while handing out flyers in an intersection?
A pedestrian who is handing out flyers or selling food or drinks in an intersection has a tougher case if:
- the driver was within the speed limit
- not talking on a cell phone
- paying attention to the road
- in the correct lane of travel
- traveling with the green light when he hit the pedestrian
What compensation is a pedestrian entitled to if a car hits him while he’s handing out flyers or doing something else in an intersection?
In Florida, if a driver’s negligence causes a pedestrian’s injury, the pedestrian may be able to get compensation for:
- Past Lost Income
- Future lost income reduced to present value
- Past medical expenses
- Future medical expenses
- Replacement value of lost personal property (e.g. damage to your car, broken glasses, watch, etc.)
- Funeral expenses
- Reimbursement for mileage to and from medical appointments
- Past Pain and suffering
- Future Pain and Suffering
- Disability
- Scarring and disfigurement
- Mental anguish
- Loss of capacity for the enjoyment of life.
- Punitive Damages (in rare cases)
I took the above facts from an actual case where a vehicle hit a pedestrian who was handing out flyers. The case is Barkett v. Gomez, 908 So. 2d 1084, 1086 (Fla. 3d DCA 2005). It’s not my case, though I have settled many Florida pedestrian accident cases.
A Miami-Dade County district court of appeal ruled on that case on October 10, 2007.
Miami lawyers represented the driver and his employer. A Miami attorney represented the injured pedestrian.
I assume that the accident happened in Miami-Dade County or Monroe County, Florida. This article discussed one type of pedestrian crash.
Learn if a pedestrian has a case if a car hits him in Florida. I am a Miami pedestrian accident lawyer that serves the entire state of Florida.
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