December 28th, 2012 - by DKRPA
A Palm Beach County man was hospitalized earlier this week after he was struck by a car. The man was injured so severely that he had to be airlifted to a local hospital. The extent of his injuries is not known; but given the trauma that pedestrians usually suffer in these accidents, it is likely the man was dealt serious injuries that will take many weeks, if not months, to recover from.
Many questions will be asked in the wake of this accident, and one of the first things investigators will look at is the pedestrian. He almost certainly was acting in the right; but, they will still scrutinize him to make sure they have all the facts. Was he walking in the crosswalk or jaywalking? Was he distracted in any way, or disobeying traffic signals? Was he under the influence of any drugs or alcohol?
Those questions apply to the driver, and are arguably more important to the driver — especially that last question. The accident occurred at night, so it is possible that the driver was leaving a restaurant or bar. If the driver was over the limit, not only could he be liable, but the establishments that he frequented could also be held liable. This is called “dram shop” liability.
Distractions in the car will also be looked at. Granted, texting while driving is not illegal, per se, here in Florida; but it does constitute distracted driving, which is a driving offense. If the police were to cite the driver for distracted driving, the pedestrian could use the violation as evidence in a civil lawsuit against the driver.
Source: Palm Beach Post, “Man flown to hospital after being struck by car in Royal Palm Beach,” Dec. 26, 2012
Pedestrians can suffer painful and long-lasting injuries when a negligent driver strikes them. To learn more about your legal options in such a scenario, please visit our Palm Beach pedestrian accident page.