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Hi I’m Jim Dodson. I’m a pedestrian injury lawyer. I’d like to talk to you about pedestrian
accidents that involve pedestrian crossing at mid-block or really crossing anywhere where
there is not a marked cross walk. You know in many of these cases law enforcement's initial
reaction is that the pedestrian was at fault and they may not file charges against the
driver, but when you look at these cases, when a lawyer looks at these they have a totally
different look and I’ll tell you why.
The lawyer is looking for every opportunity to show that the driver of the car, even though
the pedestrian may have walked into the path or travel, that the driver had an opportunity
to see the pedestrian and to avoid them. And when you take the pedestrian and the drivers
conduct and you look at it step by step in many of these situations you can prove that
the driver had every opportunity to see that pedestrian and to avoid them. Let’s talk
about some of the factors that are involved in looking at the driver's conduct.
The first is what’s the speed of the road? Is it 35 or 55, that’s a big factor. Certainly
another conduct would be what lane was the car in? Is this a three lane road where the
driver was in the far left lane and the pedestrian had to cross two lanes before they’ve reached
that lane, or did the pedestrian simply step into the path of the car in the median lane
closest to where the pedestrian was? Those are big factors.
Is there evidence that the driver was drinking or is on narcotics or drugs, and you’ll
be surprised how many times that actually is a factor. And so many times what happens
is the driver of the car will tell the police I quote “never saw the pedestrian," well
having said that generally means the driver was being inattentive because when you break
down the drivers conduct and show exactly where they went and the speed they were traveling,
many of these cases you can prove that the driver had every opportunity to see the pedestrian
if they were looking, so when the police tell the family that the pedestrian was at fault
and no charges will be filed it does not mean no claim no case can be made against the driver.
The facts of every care are going to be different and they have to be carefully looked at, but
it doesn’t follow that no case is involved. I’m Jim Dodson. I practice pedestrian injury
law in Clearwater and throughout Florida.