A 57-year-old male is in serious condition after being hit on Interstate 95 near State Road exit 524. According to the Florida Highway Patrol (FHP), the man had exited his vehicle in order to retrieve a ladder that fallen out of his pickup truck when he was hit by a 2016 Dodge SUV. He remains in serious condition.
The 36-year-old female driver of the SUV did try to avoid hitting the man, albeit unsuccessfully. Luckily, she just happened to be a trauma nurse and was able to provide help to the victim right after the accident. The victim was flown to Holmes Regional Medical Center where his condition remains serious.
In most instances, a victim like the 57-year-old-male here would be able to file a lawsuit against the driver and seek compensation for his injuries. However, in this case things are more complicated. First, in order to be able to receive compensation, the driver has to have acted negligently. In the case at hand, the driver took action to avoid hitting the victim, which would indicate that she did not act negligently. No negligent act, no compensation.
But let’s say she did act negligently. Perhaps she was speeding or was texting and thus didn’t see the man until it was too late. Even then, the victim may have a difficult time getting compensation due to what is called contributory negligence. In the case at hand, the victim had exited his vehicle in order to retrieve a ladder that had come off his truck. First, his failure to firmly secure the ladder to his truck could be considered a negligent act. Second, his leaving his vehicle and walking onto a busy interstate could also be considered a negligent act. If so, a court could reduce any compensation awarded by the amount his own negligence contributed to his injuries. Thus, if the court determines that the victim’s own negligence was responsible for 50% of his injuries, his award would be cut in half.
If you or a loved one have been injured in an Orlando motor vehicle accident, you may have the right seek compensation. To learn more, contact the Law Offices of James O. Cunningham, P.A. today.
James O. Cunningham
Since 1977, personal injury lawyer James Cunningham has provided effective legal advocacy to people who are injured through the negligent actions of another person or entity throughout the Central Florida area. He fights to obtain recoveries for his clients’ physical and emotional pain and suffering and pursues his clients’ personal injury cases with a commitment to excellence and impeccable preparation.
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