When walking through the parking lot of your local grocery store, you might not consider yourself a pedestrian. But what happens when a vehicle strikes you? This post covers how Florida law addresses this situation and determines who is liable.
Do you count as a pedestrian in a parking lot?
Florida law defines a pedestrian as any person on foot. Legal practitioners generally understand this definition to include individuals using wheelchairs.
When you are walking through a parking lot, drivers still owe you a duty of care. While private parking lots are not always subject to the exact same statutory traffic rules as public roadways, the principles of negligence still apply.
Who is responsible for your injuries?
Several parties could potentially bear liability when a pedestrian is struck in a parking lot. They can include:
- The driver who struck you, especially if they failed to look before backing up or got to distracted by their phones
- The property owner, if poor lighting, faded markings or other hazardous conditions contributed to the collision
- A third party, such as another driver whose actions caused the striking vehicle to lose control
You generally have 2 years from when the accident happened to file a personal injury claim in Florida. Should you miss this deadline, the court will likely dismiss your case, and you be unable to recover any compensation.
How does Florida assign fault?
The state uses a modified comparative fault system, which determines how fault is divided when more than one party contributed to an accident. Under this rule, you can still recover damages should you share some responsibility for the incident. If you are more than 50% responsible for the accident, you will not receive any compensation.
For example, if you were looking at your phone while walking and a driver backed into you without checking their mirrors, both parties might share fault. The final determination depends on the specific circumstances such as visibility and the speed of the vehicle.